There is no doubt that any type of legal matter involving your family can be stressful and emotional. There is a lot at stake in family law cases, including your relationship with your children, finances, and more. Adverse parties might have a lot to disagree on, though it is usually preferable to reach their own agreement outside of court instead of putting the rulings in the hands of a judge. One way that many spouses or parents accomplish this is through mediation. If you would like to learn about your options in your family law case, contact a family mediation lawyer at SAM LAW OFFICE, LLC.
Mediation is an alternative dispute resolution (ADR) method that aims to prevent litigation in cases when possible. You and the other party will participate in mediation sessions, during which you will sit down with a third-party mediator in a law firm conference room or another similar space. Though the mediator might be an attorney, they are not representing either party and are expected to remain neutral regarding the parties’ interests. Often the parties have their own attorneys and still participate in mediation with their attorneys.
The mediator’s job is to listen to each position of the parties and help to facilitate a conversation that leads to compromise. If the parties can reach a middle ground and agree to certain terms to settle the legal matter, they can sign a mediation agreement, which is a legally binding contract.
If two parties cannot agree in a divorce or child custody case, they might think they are headed into court. However, going to court should only be a last resort in most situations. Once you litigate a matter, the judge will rule on the resolution, and you will have no control over that ruling. If you reach a settlement in mediation, you and the other party both have the power to agree to the terms and the control to negotiate further if you want.
Aside from avoiding the uncertainty of litigation, other benefits of mediation can include:
Resolving matters on your terms can save you resources and, ultimately, improve your case’s outcome.
It is a misconception that you have to agree on issues to enter mediation. In fact, mediation is for parties who cannot agree on one or more aspects of their case. In family law, mediation can help resolve one or more of the following:
If you have a sticking point in your case, mediation can work as long as you and the other party can communicate. If the other party is abusive or irrational, mediation might not be successful, and you might want to move into litigation.
It is critical to have the counsel of your own attorney during the mediation process. If you would like to learn more about family law mediation, contact the law firm of SAM LAW OFFICE, LLC, for a consultation.
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I was referred to SAM Law from a KAP website. I spoke with Brandon and immediately hired him. The process although stressful was smooth because of him, his attention to detail and the level of commitment to making sure my children and I were taken care of was handled with…
Brandon was a huge help in every way he could be. He went out of his way for me numerous times and I truly appreciate all his help and advice throughout the process. I’d highly recommend him to others! He’s very easy to work with and empathetic to others situations.
Brandon was amazing lawyer who took his take and was truly helpful and listened and asked questions to help me with my case. He explained and made sure I understood all my options. Due to his expert guidance I was able to take a decision. I highly recommend him to…
Susan represented me in my recent divorce and I can only recommend her. Not only is she very knowledgeable about the laws, she also understands that every client is different. She fought for my rights and was able to secure a favorable outcome for me. Every time we spoke on…