What Is Mediation In Family Law?

by | Jan 15, 2015 | Law

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There are times when a husband and wife will find themselves embroiled in a dispute that may go so far as to end in divorce court. In cases like this the couple can arrange to see a family law attorney in Alpharetta whose primary objective is to impartially mediate, looking to arrive at a compromise or a decision that both parties agree with. This is of particular importance when there are minor children involved. The majority of family law attorneys are mediators although there are others who have been certified to mediate in family disputes.

One of the primary responsibilities of the mediator is act as a counselor to the warring parties. There are many examples of couples whose marriage is in serious difficulty but they wish to avoid divorce if possible. It is the mediator’s job to sit with the parties, listening intently to their story, looking to find the real reasons for the conflict. There are as many reasons for disputes between couples are there are couples, no two are exactly alike. It could be that the suffered the devastating loss of a child, it could be relationship issues where there is an outside influence which is causing noticeable changes in one party or the other. In all cases, regardless of the underlying problem, the mediator listens patiently to both parties, if there are children they will often interview them and in most cases the mediator will recommend that the couple seek therapy.

If the couple come to the mediator and they have already decided that divorce is the route they wish to follow the mediator will advise the couple, providing guidance on the diverse subjects that will crop up; property disposition, child custody, child support, etc. When it reaches the stage of divorce the couple will by this time have hired their own family law attorney in Alpharetta, the mediator will have spoken to the attorneys in an effort to gain some insight as to what the couples desires are. The mediator will be privy to the many documents which pertain to the couple’s assets, debts, wages and perhaps a complete financial statement. The mediator, using this information will meet with the parties in an effort to arrive at a settlement which they both can live with, passing it to the respective attorneys for further action.

In many cases, the mediator will be appointed by the court to work with families that cannot afford a lawyer or to mediate in issues that were not fully resolved before the case heads to court.

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