There are a number of benefits that flow from mediation in divorce and custody family law cases. A mediator helps divorcing spouses work through disputes potentially avoiding a full-blown child custody trial. Divorce mediation can be a viable way for spouses to reach agreements related to asset division, parenting plans, and other important issues that arise in the break-up.
Not every couple will be able to mediate. The process will require some level of cooperation and willingness to negotiate. However, if you and your spouse can take advantage of this option, then you both could end your marriage more amicably and quickly. Additionally, many of the family court judges in Oklahoma will not let you have a trial on custody and visitation until the parents have gone to a mediation. Let’s take a closer look at medication in the context of divorce and custody in Oklahoma.
What You Can Settle In A Divorce Mediation
The mediation process often involves both parties (you and your soon-to-be ex-spouse or other parent) meeting with a neutral third party who facilitates their negotiations. It is possible to carry out the mediation in different ways because mediators do not have to follow the strict rules and regulations required by the court.
Asset Division in Divorce
During the mediation process, the mediator and the attorneys aim to determine a reasonable way to divide up your and your spouse’s assets and debts. Dividing marital property is often a highly contested aspect of many divorce cases, but litigation may not offer a better opportunity to either individual. Working with a mediator might allow you to protect those assets that you care the most about in exchange for you letting go of other property. Its not usual for the mediation process to help people understand what they can get or cannot get a trial.
Child Custody in Divorce and Paternity
The mediator will address parenting and custody plans. If you have minor children, remember that courts want the children to maintain a relationship with both parents. Mediators offer suggestions and options about sole custody or joint custody depending on the facts of your particular case.
If one parent pays spousal support or child support, you can work out the particulars with the mediator, but you will need to ensure that these forms of support meet legal requirements. In the case of child support specifically, a parent will have to pay at least the amount that the law deems appropriate. The court determines what is appropriate by considering the number of children involved and the income of each parent.
There are often other issues unique to each family that a mediator can help resolve. For example, you may wish to address who keeps your pets, who pays certain future expenses, or how you and your spouse should communicate with each other following the divorce.
Limitations Of Mediation
When you and your attorney attend mediation there are certain limitations. Mediators themselves cannot order a custody or asset division. Whatever mediator you and your attorney pick is not the judge in your case. The mediator is simply a person designed to help facilitate the process between the parties and their attorneys. The mediator doesn’t represent either parent. Rather the mediator is a disinterested third party. Another limitation is the parties willingness to get the issues settled. If one or both parents attend mediation without a willingness to settle the case nothing will be done.
Mediation offers a potentially more amicable and efficient path to resolving divorce and custody disputes. If you and your spouse have minor children, mediation might offer you the opportunity to begin your relationship as co-parents with less hard feelings and resentment. One of the best parts of mediation is that it often saves individuals a lot of money. The traditional legal route – which involves a lot of involvement by the court – typically requires significant time and money. Mediating through your disputes can streamline the process and conserve family resources.
Hiring A Tulsa Lawyer For Mediation
When you are using a mediator to help with your divorce, you still need guidance and direction from your own attorney. Your attorney will help you find the right mediator and help you through the mediation process itself. Your attorney helps you understand the proposed final settlement and your rights before and after the agreement is met. Going into mediation without the requisite legal knowledge can put you at a serious disadvantage when negotiating. There are a number of benefits that you can get from mediation In divorce and custody case and you should take advantage of them all. Contact our Tulsa divorce and custody attorneys for a free consultation Call (918) 743-2233 or by contacting us online.