Trying to make decisions about family law matters like divorce, child custody, and child support can often be challenging. Anger, clashing dispute resolution styles, and confusion can make agreeing on terms seem impossible. If you cannot agree, one alternative is to put your future in the hands of the Court and litigation. Alternative dispute resolution is another option. You can negotiate through and with your attorneys or with a neutral third-party mediator and your attorneys. Collaborative law, a more feeling-based form of mediation that utilizes experts, is another option.
An effective mediator needs to fully understand the laws that apply to your issues and be able to offer creative compromises to which each party can agree. This requires your mediator to understand each party's objectives and the reasons behind them. Carol A. N. Breit, Attorney at Law, has 45+ years of experience helping clients resolve legal concerns in Virginia. We work with clients throughout the region surrounding Richmond, including Henrico County, Chesterfield County, Goochland County, New Kent County, Powhatan County, and Hanover County. We are known for our personalized service and meticulous attention to detail. No matter how complex your issues are, we will work to help you resolve them.
When you are deeply involved in an argument, it can be hard to see the bigger picture. This is true whether you disagree with your co-parent about how your children should be raised or are involved in a bitter dispute about spousal support. Mediation inserts a neutral third party into the middle of a dispute with the goal of facilitating a resolution to the issues at hand.
Mediation may not work if both parties are not willing to compromise, but when used effectively, it has several advantages over litigation, including:
Litigation, on the other hand, is typically more expensive and creates more delay. The only information the Judge knows about you and your issues is what is heard in court or presented through evidence. Mediation allows for information that may not be admissible in a Court setting. However, you will have to abide by the court's ruling whether you agree with it or not.
As you proceed with the mediation process, you will have a choice to agree to a negotiated settlement or withdraw from mediation. Mediation allows for more creativity and problem solving, and it can help you create effective solutions to the outstanding issues in your case.
If you and the other party share children, you still need to be effective co-parents. After a court battle, future interactions with the other party are likely to be strained. Mediation can help you establish a working relationship that will encourage cooperation in the future.
A mediator does not have decision-making authority, nor are they allowed to give legal advice. However, you need to trust that the mediator's suggestions will be legally sound and fair. A good mediator should have:
A skilled mediator can help you sift through the less important details so you can focus on identifying and solving the real issues. Rather than arguing over your past problems, your mediator can help you find common ground to establish a fair agreement that will build a firm foundation for your future.
In some cases, mediation may be conducted in a single session, although more complex issues may require multiple sessions. Your respective attorneys can be present during mediation, or you may choose to go through the process alone. Remember, the mediator does not give legal advice. It is important to know your legal rights before you sign a mediated agreement or agree to the terms of your settlement.
In some cases, you and the other party may be in separate rooms, with the mediator going from one to the other. If you can hold cooperative discussions, you may sit down together in the same room and work together with the mediator to negotiate agreements. You can consult with your attorney ahead of time to make sure you understand your rights and will be able to make confident decisions throughout the mediation process.
If you have a legal matter that you think could be resolved by mediation, give Carol A. N. Breit, Attorney at Law, a call at 804-282-9226. If you prefer, send us a brief, confidential message online to schedule a consultation. We can provide mediation services, or we can provide representation for you throughout the process, making sure your rights and interests are protected.