Unfortunately, there is a common misconception that all divorces are bitter battles in which the spouses refuse to speak to one another, let alone talk to each other. However, this is not always the case. In some instances, couples can work together to determine the best outcome for their divorce through mediation. In other cases, the courts may make mediation mandatory for a couple. If you’re getting a divorce and aren’t sure what to expect, this blog explores what you should know and why you should connect with a Monroe, Louisiana divorce attorney to ensure you have quality legal representation for these complex times.
What Is Mediation?
Mediation is a form of alternative dispute resolution that involves two disputing parties meeting with a neutral third party. This other person is the mediator, who will facilitate a conversation between both parties. You should know that they will not take sides in the matter or offer legal advice to either party. Instead, their role is to help the parties reach an agreement by moving the conversation and negotiations along.
It’s important to understand that though used in other forms of legal disputes, like landlord-tenant or employer-employee arguments, mediation is commonly used in divorces.
Is Mediation Mandatory?
Though many couples assume that litigating their divorce is the best course of action, this is not always the truth. In some instances, the courts in Louisiana will make mediation mandatory for a divorcing couple.
Mediation can be ordered for several reasons, but often it’s because the courts recognize the benefits of this process. Not only does it allow couples to have greater control over the outcome of their divorce, but it also helps free up the court system. In many instances, couples can reach an agreement about the issues of their divorce through mediation, which helps limit the amount of cases that must be litigated. Additionally, mediation provides much more privacy regarding the details of a divorce, as this is a confidential process.
There is a common misconception that those mediating their divorce do not need to enlist the assistance of an experienced attorney. However, this is far from the truth, as obtaining legal representation is critical to ensure the outcome of your divorce is fair and represents your best interest. You should have your attorney review the agreement made during mediation before signing.
At Breithaupt, DuBos, & Wolleson, LLC, we understand that divorce is a complex emotional matter. That’s why our team is committed to handling the legal complexities associated with this time. If you are going through a divorce, our team can assist. Connect with us today to learn how we can fight for you during these matters.