The lawyers at GSRM Law can help couples amid the divorce process resolve as many issues as possible before lengthy proceedings are necessary. Our attorneys are dedicated to ensuring all parties feel a satisfactory agreement has been reached regarding their divorce case.

What is Mediation?

Mediation is a non-adversarial approach that helps resolve disputes. Through divorce mediation, you will have the opportunity to negotiate a settlement for the dissolution of the marriage rather than have one imposed on you by the Court or an attorney. A successful mediation proceeding requires recognition that each must consider the position of the other, each must be willing to compromise, and the outcome should be in the best interest of both spouses. Mediation is an amicable process and results in resolution without litigation.

What Happens During Mediation Services?

Mediation is a voluntary process done in an informal setting. The services utilize a trained mediator who helps the parties in a dispute to reach a consensus, avoid legal issues, and move forward. The mediator is a professional who will look at the process as consultation and considers all parties’ concerns when finding a solution. In short, both parties should make a good-faith attempt to agree on how life should proceed. This confidential proceeding will handle all issues, including arrangements for children or property division. Neither party should feel that the agreement was forced upon him/her. If the mediator cannot help the couple to find a solution, then the next step is taking the matter to trial.

Benefits of Mediation

There are several advantages to mediation, and many people choose to use mediation services instead of going to court to find a reasonable outcome to their conflict. Disputes can be settled promptly, and mediation costs are significantly less than taking a case to trial.

Mediation is private and confidential while letting both sides maintain control over their dispute resolution through collaborative problem-solving. Additionally, you still have the right to take the dispute to trial if you cannot reach an agreement.

Who is the Mediator?

The mediator is not a judge and does not make a decision or impose a solution on the dispute. Instead, the mediator helps bring thoughtful dialogue between the spouses and provides a neutral party perspective that can help sort out the marital property or prevent a contested divorce. The mediator is a neutral facilitator for settlement discussions. The mediator, often a lawyer, has undergone specialized training and has experience in resolving disputes.

How Long is Mediation Going to Take?

Mediation can run from several hours to a day or even weeks. The duration depends on how the couple can progress through the legal issues. Factors such as their willingness or ability to be civil and cooperative, sensitive issues surrounding child custody or a parenting plan, or even simply one party wanting to be obstinate and unwilling to settle amicably can all affect how long a third-party mediator needs to help before the whole affair is taken to trial and the judge forced to rule on the matter.

What is Arbitration?

Arbitration is a truncated procedure to avoid lengthy court procedures. The parties choose a certified arbitrator who will hear the matter and be paid hourly. The arbitrator will listen to testimony by the parties and their experts, review all exhibits, and make a prompt decision, which, by agreement, may become a court order. Binding arbitration is non-appealable and will end the matter far more inexpensively and faster than proceeding through court hearings. On the other hand, the process can be non-binding and will not result in a court order if the parties do not agree.

What is Collaborative Law?

The collaborative law process is a non-adversarial, non-litigious, and problem-solving approach to resolving a divorce or other family law matter. The main feature of this process is that the parties contractually agree from the onset that they will not seek Court intervention, but if either party changes his/her mind and seeks Court intervention, both parties’ attorneys must withdraw and cannot represent either party in the litigation. In this collaborative law process, the two attorneys will render services and work together to represent their respective client’s best interests and will work cooperatively to reach an agreement. Another main feature of this process is that there are allied professionals, including, but not limited to, mental health counselors, child advocates (financial neutrals), experts, and consultants whose services are utilized in reaching a settlement that suits everyone’s needs.

What is Our Lawyers’ Role in Mediation?

Having experienced lawyers on your side supporting you will make the process easier in divorce cases, especially when there are contested issues like child support or property disputes. We meet with you before the mediation session starts to discuss legal rights. We will prepare a packet of information for the mediator with the information he or she needs to understand our position in the lawsuit. Often lawyers are present throughout the process. If lawyers are not present, we should receive reports and updates from you as the mediation progresses. This helps us to continue to advise you of the legal ramifications of any agreements you seek to reach.

As with every issue and factor in a marital dissolution, each case progresses differently through mediation, requiring specialized and sophisticated responses to the process. We are at your service at any time to discuss the progress of your mediation. Our lawyers will suggest ways in which it might be more productive and, when appropriate circumstances dictate, will intervene and bring an end to fruitless mediation procedures.