St. Louis Mediation Attorneys
Most people have the impression that a divorce proceeds like the movie Kramer v. Kramer, with much conflict, drama and collateral damage. While some divorces do have elements of high conflict, they need not be that way, and because more and more people would like to avoid that harsh path, different methods of moving through the divorce process have evolved.
One method of amicable resolution is mediation. In divorce mediation, you, your spouse and a third-party mediator work together to resolve all disputed issues relating to child custody, property and support. You share information, meet separately and together with the mediator, and make good faith efforts to reach an agreeable outcome. If you are unable to reach a mutual decision, however, either of you has the option of halting the process and proceeding in the traditional manner in court.
Mediation is considered one type of Alternative Dispute Resolution (ADR), which is a broader term describing the settlement of legal matters outside of the traditional judicial process. In divorce mediation, you, your spouse, and a third-party mediator work together to resolve all disputed issues relating to custody, property, and support. You share information, meet separately and together with the mediator, and make good faith efforts to reach an agreeable outcome in the divorce. If you are unable to reach a mutual decision, however, either of you has the option of halting the process and proceeding in the traditional manner in court.
The other type of ADR that is commonly practiced, called collaborative law, involves both spouses agreeing to commit to a solution-oriented process. With more built-in incentives to resolve conflict, collaborative law involves meeting with your spouse to collective agree on issues such as custody, property, and support.
For example, while mediation allows for either spouse to halt the process and proceed to court, if the same thing happens in collaborative law, both parties are required to seek new attorneys to represent them. In this way, collaborative law tends to have more stringent requirements.
Other benefits of mediation include saving time and money; the free, open, and honest discussion of important issues between two parties; and an easier process of handling post-settlement disputes.
Our Top Mediation Blog Posts
Series: Should Children Participate in Divorce Mediation? – In Part I, we discuss the traditional view that children have their own representatives, called guardians ad litem, in divorce and parents as representatives in mediation. In Part II, we explore the idea of children playing a larger role in mediation.
How to Maximize Mediation in Divorce – Read our tips for strategies that improve the mediation process.
Why Don’t More People Use Mediation in Divorce? – We discuss why a minority of couples explore and exercise mediation as an option in divorce.
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Your future is at stake. Make the right call and contact us today at (314) 993-6300. There is no charge for the initial consultation – and the only obligation you have is the one you have to yourself to gain the best representation possible.
Contact The Marks Law Firm, L.L.C.
For an initial consultation with an experienced St. Louis family law attorney, contact us at 314-993-6300. We will set up a telephone consultation, if necessary, and will meet with you on Saturday upon request. Visa, MasterCard, Discover and American Express are welcome.