In Alabama, you can get a divorce on no-fault or fault grounds. Most divorces are no-fault ones, primarily because of the limited complications. However, if you and your spouse don’t agree on major issues, like alimony and child custody, you may have a contested divorce. Contested divorces are complex and time-consuming, and while it may seem natural to go through the lengthy process of litigation, there are alternatives. Look for a Huntsville divorce lawyer near me at the earliest to discuss the various options. In this post, let’s talk in-depth about divorce mediation in detail.
What exactly is mediation?
Mediation is the process where both parties sit together before a mediator, who works as a neutral party and assists the couple in resolving key issues so that they come to an agreement. The mediator doesn’t influence the decisions or support one party over the other. Mediation is a form of alternative dispute resolution and doesn’t involve a trial. During the process, you may have multiple sessions where you can bring your spouse and discuss things further. Key issues that are resolved in mediation include child custody, alimony, distribution of assets, and child support.
Key aspects of mediation
- Voluntary participation of both parties: For mediation to work, both parties should voluntarily participate in the process. In other words, you must be willing to cooperate and work with your spouse.
- The choice of mediator: In some cases, the parties and their respective lawyers can choose a mediator, while the court may appoint a mediator in other situations.
- Confidentiality ensured: Unlike a court trial, where things are open to the public, mediation is entirely confidential. Even if mediation fails, whatever the parties decide or discuss cannot be used during a trial.
- Drafting agreements: If you and your spouse come to a resolution, the attorneys will help draft a settlement agreement. The agreement will be then submitted in court for approval, and when that happens, you will get the divorce.
- Compliance is critical: The agreement that you have finalized during mediation must be in compliance with Alabama laws. The court will only approve the agreement after checking all details.
Benefits of mediation
There are several benefits of mediation. First and foremost, mediation is cost-effective. Yes, you still have to incur the costs of hiring an attorney and paying the mediator, but the overall spending on the divorce would be a lot lesser than a trial. A contested divorce that goes through court can continue for a long time, which means you have to keep paying an hourly rate and a retainer to your lawyer. Mediation is also private. If you are keen on protecting your personal relationships and don’t want the divorce to impact your children, this is probably the best way forward. Mediation also takes less time, provided both parties agree to discuss and communicate with one another.
Do you need a lawyer?
While there will be a mediator, you should ideally have an attorney. Having a capable divorce lawyer ensures your interests are protected. Also, you can rely on your attorney for fair and unbiased advice. At times, people continue to fight in a divorce because they are unable to see the bigger picture or are driven by emotions. Your lawyer is in charge of representing you, and if your spouse and their attorney demand something that you don’t agree with, they can negotiate on your behalf.
Mediation is not an option for everyone. For mediation to work, parties have to avoid dominating one another. Also, if there are other issues, such as abuse or domestic violence, mediation is the best way forward. Talk to your divorce lawyer in Huntsville to know more.
