What Can a Lawyer Do for You During Divorce Mediation?
The purpose of divorce mediation is to help resolve issues related to divorce proceedings without having to resort to litigation. These issues will often include child custody, property division, and spousal and child support.
What is Involved in Divorce Mediation?
Mediation is facilitated by a neutral third party not directly associated with either spouse. It normally takes place in stages, with the steps involved including:
- Information gathering
- Private meetings with the mediator
- Negotiations
- A final resolution
A memorandum of understanding is drafted after both parties have been able to reach an agreement. This document will be binding once submitted to and approved by the court having jurisdiction over the divorce.
Having Someone on Your Side
You do not have to have an attorney assist you during mediation. However, it helps to have someone explain the process and answer your questions. A mediator can only do or say so much to one party or the other, or they may be accused of favoritism. A lawyer, on the other hand, has your best interests in mind during the entire process.
Reviewing Documents
A divorce lawyer also reviews documents before you submit or sign anything. Divorce legal paperwork sometimes contains what can be confusing language. It is important to have a complete understanding of what is being agreed to before anything is signed.
Clarifying and Reviewing the Proposed Settlement
This is equally important since it’s not easy to go back and make changes once everything has been signed and filed. The settlement is the most important part of the mediation process. It may also be possible to negotiate further if there are issues with the MOU.
Selecting a Divorce Mediator
In many cases, the court appoints a mediator. However, an attorney could help you select a mediator if the court doesn’t appoint one. The main goal here is to choose a mediator who is fair and who has experience in handling contentious divorce cases that contain issues similar to those that are present in your situation.
Gathering Additional Information
In some instances, a mediator will request more information to clarify issues during the proceedings. However, it may not be readily available if it is documentation that has to be gathered from various outside sources. A lawyer may be able to assist with this process to ensure everything is provided as requested and filed on time.
Helping with Tense Negotiations
It’s not always smooth sailing when a marriage comes to an end. In some cases, negotiations get tense. Should this happen, a lawyer may be able to calm things down on your side and help you understand what’s going on to see things more clearly. There may even be a need to temporarily pause negotiations so that you can regroup and adjust your strategy. Your lawyer can make clear-headed suggestions during a time that’s often emotional.
Making Sure The Other Party Follows Through
It’s not always smooth sailing once a settlement is reached either. There may be times when your ex is not so cooperative about certain things – especially if finances or children are involved. You may also have issues obtaining agreed-upon spousal support.
If this is the case, an attorney may be able to take steps to pursue the spousal support you’re owed. There may also be issues with agreed-upon visitation or custody issues with children. Finally, a lawyer may be able to assist with any lingering divorce issues that are not specifically addressed in the settlement agreement.
Contact a Divorce Attorney Today
Contact the Law Office of Joanne Kleiner in Jenkintown, Pennsylvania, for more information on divorce mediation and how a divorce lawyer can help. Call us at 215-886-1266 or use our online contact form.
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