Divorce Law & Mediation
Methods of alternative dispute resolution exist in divorce laws across the United States. The most common type of alternative dispute resolution in divorce proceedings is mediation. Indeed, there are mediators specifically trained to deal with divorce cases, including issues surrounding custody, visitation and support of minor children as well as the division of assets and debts accumulated during a marriage.
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Functions
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The functions of mediation under divorce law include providing a couple the chance to resolve important issues in a less formal and non-adversarial setting. Mediation provides an outlet short of a formal court hearing or trial through which a couple not able to settle a case on their own obtains the chance to do so under the guidance of a trained, professional mediator.
Types
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Depending on the state in which a divorce case pends, one of two types of mediation may be used. Voluntary mediation occurs when a couple in divorce seeks the assistance of a mediator to resolve issues at their will. On the other hand, some states enacted laws that require a couple to submit to mediation in regard to certain issues before appearing before a judge in a hearing or trial. For example, if parents in divorce cannot resolve custody and visitation issues directly, the law may require mediation before a judge intervenes.
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Misconceptions
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The most prevalent misconception surrounding mediation is that a mediator occupies a position similar to a judge. In other words, a common erroneous conclusion is that the mediator decides issues for parties in a divorce. In reality, a mediator facilitates negotiations between a divorcing couple. Although a mediator may make suggestions, the parties involved in the process make final decisions for themselves.
Time Frame
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Mediation can be conducted at any point in divorce proceedings. A mediation process normally consists of more than one meeting between spouses in a divorce case. If the spouses retained attorneys in the case, a mediator typically meets with the spouses alone as well as with spouses and their counsel at different sessions.
Cost
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A couple able to retain private counsel typically will be assessed the fee associated with mediation. However, if parties to a divorce lack the means to pay a mediation fee, a court typically has the ability to waive the fee. What a waiver means is the couple does not pay for the mediator but the court itself incurs the cost. This particularly is the case if mediation is mandatory.
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