Mediation
Whether it’s a contested and prolonged divorce or just a difficult situation involving custody, the court system is full of people trying to work out personal problems. Family court is often the location where people air their grievances and personal problems. However, court should be a place to resolve legal disputes. Unfortunately, given the legal and complicated nature of marriage and parenting, the courts are typically where people figure these issues out. One way to get around this is to settle your differences out of court through a process known as mediation. Experienced family law attorneys genuinely prefer mediation when possible, because it is less stressful for clients, resolves matters faster, and, frankly, it works.
What Is Mediation?
Under Section 6-6-20 of the Alabama Code, mediation is a process where a certified and trained neutral individual helps two people resolve their differences out of court in order to come to an agreement. In some proceedings, parties may be required to attempt mediation before going to trial. However, in many instances, mediation is merely one option for resolving a dispute. Here are some things to expect:
- A neutral mediator will preside over the process and control the flow of things
- Mediators may be attorneys or retired judges in many instances, but when acting as a mediator, they do not represent either party or have the power to make decisions or rulings the way a judge can.
- Mediators may make recommendations, but these are merely suggestions to guide negotiations.
- The discussions and information negotiated in a mediation are not admissible in a trial in the event mediation fails.
- The mediator will likely go back and forth between two rooms, talking to each side separately. However, sometimes a mediator will begin with both parties in the room together.
- The parties are allowed to have attorneys present and may be represented. However, unrepresented parties can also mediate.
- There is no jury, judge, or court reporter present to record the event. It is informal, but it can be intimidating if you are unprepared.
When Mediation Works
When the mediation succeeds, the parties or their attorneys will draft an agreement that settles the matter and creates certainty about the outcome of the dispute. In family court, this may mean working out lots of minor details and putting them on paper to sign. Once both people have signed the agreement, it can be presented to a judge to review and sign. Once the judge signs off, an order is generated, which creates the final decision on the matter. At that point, the order is a binding legal document that must be followed.
When Mediation Fails
While mediation is a terrific alternative to litigation, it is not always possible to agree. Some divorces and custody disputes are simply too contentious and too emotionally charged to resolve through negotiations. In those instances, the parties must take the matter to trial and allow the court to decide their fate. No one wants this, because there is so much uncertainty. Usually, one side will have an upper hand – often the party with the most money or the leverage, whether it be the kids, the house, or some other bargaining chip. It should be noted that people should never use children as leverage, but sadly many do. If a case goes to trial, having a skilled attorney is often the single most important distinguishing variable that makes an enormous difference in the outcome.
Call a Birmingham Divorce Lawyer Today
Whether you think your divorce or other family court matter can be amicably resolved or not, it’s best to speak with a lawyer early. Get the facts, and know your rights. Call Anderson Miller Law Firm today, and get the answers you need.
Anytime a court makes an “order,” it is a legal document that carries the weight of the entire judicial branch. This means the judge’s order is an instruction that must be followed, just like any other law. Just as you would not disobey a stop sign, a court order must be followed, or serious consequences can arise.