Anita D’Amico November 13, 2018
One common misconception regarding divorce and custody matters is that the issues have to be litigated in court. Did you know that even though you may be dealing with a divorce or custody issue, you do not even need to set foot in a courtroom? One way to avoid timely and expensive litigation is to participate in mediation.
Mediation is a voluntary process that occurs outside of the court system and can be a successful alternative in divorce and custody matters. It is a confidential informal process where two parties discuss their issues with each other in front of a third-party neutral (the mediator). Mediation encourages parties to address the underlying interests of the family in order to resolve their issues rather than using the court system to litigate issues between the parties. The parties attempt to collaborate and come to an agreement on their own. The mediator’s role is to actively listen to both parties and attempt to clarify the issues, aiding in communication and better understanding between the parties. If the parties are able to come to an agreement, the mediator prepares the agreement. While a mediator may also be an attorney, the mediator is not acting as an attorney while in mediation. A benefit of having a mediator who is also an experienced family law attorney, is that the mediator can advise the parties on the applicable law which assists the parties in making decisions on their own and not seeking a court to make decisions that effects their lives.
The process encourages the parties to be future-oriented regarding resolution of issues. The parties are urged to communicate and understand one another which promotes a more peaceful relationship moving forward, and, in cases involving child custody, typically results in a better co-parenting relationship that ultimately benefits the children.
Most parties find mediation a great way to retain control of their personal matters. Remember, if a judge or master is required to decide your matter, then you are asking a third-party (who more likely than not) has never met you or your children to determine what is best for you and your family.
D’Amico Law, PC offers a wide variety of services, including divorce and custody mediation. The attorneys at D’Amico Law, PC are experience family law attorneys and certified mediators who handle both private and court-appointed family mediation matters. The Mediators at D’Amico Law, PC can walk you through every step of your divorce and custody matter without setting foot in Court. If you are interested in mediating your divorce and custody issues, please call 610-444-4555 or email us at firstname.lastname@example.org to learn more about our mediation services.