Yuma, AZ – When a couple is going through a divorce, agreements on most of the important aspects of the separation can help immensely. This will save money, time, resources, and put less strain on the local family court system. There is also more privacy in a closed mediation session compared to hearings in a public court. One of the main ways that couples can come to an agreement is through a type of negotiation session related to a divorce called a mediation. This process has become important enough that a judge may even order a couple to attend mediation sessions to try to minimize the time they will spend in court.
How the mediation unfolds
There is a mediator present with the two parties. Each party’s lawyer may be present as well if necessary, but this is fairly uncommon in mediation. If it is the first session, the mediator will likely give an introduction and explain certain procedural rules. The mediator is supposed to be impartial and not take sides with either spouse, and they are also supposed to impose time limits and keep one party from interrupting the other when it is not their turn to speak.
One of the other main duties of the mediator is to help facilitate and explain each party’s position in a way that will likely end in some kind of agreement. This is also considered a form of conflict resolution in the legal field. As the mediation proceeds, the mediator is likely to give a summary of points made by each spouse and look for consensus.
Formalizing the progress made during the mediation sessions
At the end of the final session, there should be some kind of formal agreement that contains important concessions by each spouse, and it is signed by both parties. The items addressed in this agreement will become legally binding once it is submitted to the court that has jurisdiction over the case. If important matters such as property division and child custody have already been addressed in this document, the couple’s divorce is likely to proceed and be finalized much more quickly than if these issues had to be formally litigated during court hearings. Ideally, all of the issues related to the divorce should be settled in this agreement. Legal representation should still be retained for any court formalities and hearings, even if the attorneys for each side are not needed at the mediation.
Help with a pending divorce and related matters
Schneider and Onofry is an experienced family law firm in the Yuma, Arizona area. When a divorce is upcoming, their attorneys can provide important information and guidance throughout the process to obtain a favorable result.
Firm contact info:
207 W. 2nd St., Yuma AZ 85364