Mediation is one process used to help resolve outstanding matters during divorce and separation, such as the division of property. This process may also be used to address issues regarding child custody and access, child support, and spousal support.
Mediation is beneficial for couples who are willing to resolve matters in an amicable manner. Even if the couple is not currently speaking directly to each other, if they are willing to communicate through their divorce lawyers snd a third party, mediation could be possible.
Each party does not have to be present in the same room during the process. Rather, their respective lawyers can be used to express each person’s preference to the mediator and each other.
In the event there are still outstanding issues after mediation, the next step is either to request that the mediator serve as arbitrator, or to litigate matters in court in front of a judge. In both cases, the decisions of the arbitrator or judge are finaland binding.
If you choose mediation initially, and you need to have unresolved issues decided by an arbitrator or litigated in court, you are able to keep the same lawyer, which is different from a collaborative divorce and separation process.
Mediation is not possible for everyone, due to their own unique circumstances. At Davies Law Firm, we work with you to determine the most appropriate methods to use to resolve outstanding matters in your divorce and separation and whether mediation would be the right choice for you.