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Mediation in Divorce

Divorce does not necessarily does not have to include extensive court filings and appearances.  Mediation is available to couples that decide to divorce and it is the most common dispute resolution option.

Mediation allows divorcing spouses to reach a fair settlement with the assistance of a mediator.  The mediator is a disinterested neutral third party.  Mediators can be lawyers, mental health professionals or other trained professionals in dispute resolution.  The role of a mediator is to facilitate the identification and resolution of issues during divorce.  The mediator does not provide legal advice and therefore should not be a substitution for hiring your own attorney.   The mediator’s role is to assist divorcing spouses to communicate in reaching a resolution.  Your attorney represents your legal interests during the mediation process.

Mediation is confidential, allowing you and your spouse to make decisions that are less expensive than when you file a lawsuit in court.  Often the agreements reached in mediation are more customized to the couple than would be an order received from a judge.  Like in court, you are responsible for your attorney’s fees as well as half the mediator’s fees.

Benefits to Mediation

Many states’ courts require mediation after a lawsuit has been filed.  Although not required, in Indiana early option mediation is available prior to filing a lawsuit.  Even complex divorces including custody disputes and extensive property division can be resolved in mediation.  It is the best option for couples wishing to divorce amicably and without large court costs and attorneys fees.

Increasingly in Indiana, parties to a family law case are ordered to attempt mediation prior to any final hearings.  In some counties, any family law cases that will take more than two hours of a court’s time at a final hearing are required to attend mediation first.

Some recently proposed child custody laws would make such requirements a statewide policy.  Individual judges also have the discretion to order a case into mediation, and many judges order all of their family law cases to mediation, or at least strongly encourage it.

Some benefits to mediation include:

  •       Preserves confidentiality
  •       Promotes communication and cooperation
  •       Empowers parties to make their own decisions
  •       Saves time and money
  •       Promotes exploration of creative options
  •       Preserves relationships
  •       Reduces hostility

Legal Representation

Although mediation does not require court appearances, you should still consult an attorney to protect your rights if you decide to mediate instead of litigate.  Although mediation is usually the chosen path for amicable divorces, sometimes mediation is unsuccessful and may instead lead to litigation.  You want an attorney who understands your side and can preserve your rights during mediation and in the event your case proceeds to court.

If you are facing a divorce in Hendricks and Putnam County or surrounding counties, contact Attorney Christopher L. Arrington.  There are strong emotions involved in divorce, and it can become contentious quickly.  Attorney Arrington works with his clients to focus on their desired outcomes and development of creative strategies toward accomplishing their objectives.  Attorney Arrington is there to answer your questions and take on the burden of the legal process so you can move forward with your life.



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