Mediation can be a helpful step in resolving your family law case. It is an alternative to courtroom litigation, and it offers several advantages. Mediation is often less expensive, time-consuming, and stressful than going to court for a resolution. In addition to the financial savings, it allows both parties to speak openly about their concerns to resolve their issues.
First and foremost, it is crucial to understand that mediation is a voluntary process. Both parties must be willing to participate in making any progress. Before beginning your mediation session, consider whether you are open to resolution and willing to compromise. Mediation can only be successful if both parties are open to resolving their family law disagreements. Success through mediation usually means the ability for both sides to give and take to form agreements.
How to Have a Successful Mediation?
To have a successful mediation, you must also mentally and financially prepare yourself. Consider your goals for the session and how best to achieve them. Even though mediation can be conducted without legal representation, having a skilled attorney will almost always bring the best results. For example, counsel will be able to understand the relevant laws that apply to your case to be well-equipped when entering negotiations.
Next, you should select a qualified mediator. The mediator should be someone with experience in family law who can guide both parties through the negotiation process. You should also ensure that your chosen mediator is aware of any potential conflicts or concerns that may arise during the session so that they can address them appropriately. Again, experience counts, and your attorney help guides you through this process.
What to Expect During Your Mediation
Once your mediation has begun, remain flexible and open to finding a resolution. Remember that you are there to reach an agreement. Avoid taking any comments personally, even if it is difficult. Remember to stay focused on creating a win-win scenario for both sides. As the negotiations progress, it is also essential to ensure you understand what is being said and agreed upon. It can be helpful to keep a record of all agreements made.
Part of your legal counsel’s job is to help ensure that the proposed agreements are fair. You do not agree to resolutions that favor one side instead of the other. Focal points include how much, if any, alimony or child support is paid by one party. Another primary consideration is where the children will primarily live and what rights each separating parent will have. The mediator typically drafts a legal document reflecting the settlement terms if an agreement is reached. This document should be signed by both parties and filed with the court.
Consider Mediation to Resolve your Case
Mediation can be an effective way to resolve your family law case without going to trial. You can have a successful mediation process by preparing yourself for the session, finding a qualified mediator, remaining flexible and open-minded during negotiations, and understanding the details of any agreement reached. With careful planning, mediation can be invaluable in resolving your family law case. If your are dealing with a family law case in Utah, consider speaking with Burton Family Attorneys today.
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