Divorce is hard enough, so luckily there are a variety of options that exist beyond a trial. These are called ‘Alternate Dispute Resolution’ or ADR, these strategies provide alternatives to trial. One of the most common is mediation.
What is mediation?
There are two primary ways in which to challenge a final Judgment or Decree. You can attempt to set aside the Judgment or you can file an Appeal.
If you choose family law mediation, you and your spouse will meet with a neutral third party who will help you resolve your custody, property, and support issues.
- You will make your decisions in a private setting.
- Unlike a judicial officer, the mediator does not make decisions for you.
- Instead, he or she will help you explore alternatives.
You should, however, do one of the following:
- Hire a consulting attorney to advise you during the process and review the final agreement.
- Or, you may choose to have an attorney accompany you to your mediation sessions.
- Or, if your spouse appears to be hiding important information, you may need an attorney to conduct formal discovery (to request information or take a deposition, for example).
This is unusual in mediation but can be done with an agreement from you and your spouse. Working through divorce issues with a trained mediator may help you and your spouse better handle family and parenting issues in the years to come.
In addition, you may prefer hammering out your own solutions in private mediation rather than going to court. Your attorney will make sure you do not sacrifice too much in terms of results and ensure that you fully understand your final Settlement.