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Posted on in Mediation

b2ap3_thumbnail_custody3_640.jpgAny good parent wants as much time with their children as is possible to obtain. Sometimes, however, a parent will question the wisdom of letting the other parent see the children at all, or may try to place restrictions on visitation. In these types of situations, one remedy can be to go to court, but in recent years, it has become more common to utilize mediation to address custody and parenting concerns.

The Role of Your Attorney

There are some misunderstandings about the role of an attorney in a non-courtroom proceeding, but in truth, the attorney’s role is very similar to their role in a standard divorce. An experienced legal professional can always provide advice and guidance, regardless of who the trier of fact may be. Most people at least consult attorneys before beginning mediation, primarily to ensure that their goals are attainable and realistic within the confines of the law. However, it is the mediator, not the attorney or attorneys, who is tasked with facilitating an agreement between you and the other parent.


Posted on in Mediation

b2ap3_thumbnail_mediator-1.pngWhen you and your spouse have agreed to try to reach a reasonable divorce settlement without resorting to litigation, you have taken the first steps toward a healthier post-divorce relationship. Some couples may be able to hammer out their differences through a series of informal conversations, and, as long as both parties are sufficiently satisfied with the result, such a method can certainly be effective. Other couples, however, may require a bit more structure as they negotiate the various elements of their divorce. For these couples, mediation may offer the best chance at an amicable divorce agreement.

What is Mediation?

Mediation is a form of alternative dispute resolution that, when utilized in a divorce case, places both spouses together with a neutral third party—the mediator—as they work toward a common goal. The goal in divorce mediation is a settlement agreement that reasonably accounts for each party’s needs, desires, and legal rights regarding property, alimony, and parental responsibilities (formerly child custody). The mediator does not provide legal advice or represent either party; rather, he or she helps facilitate the conversation and works to keep the negotiation on track toward a resolution.

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