Experienced Rhode Island Attorneys Conduct Divorce Mediation
KNOWLEDGEABLE CRANSTON LAWYERS PROVIDE GUIDANCE FOCUSED ON REASONABLE, COST-EFFECTIVE SETTLEMENTS
Not every divorce needs to be fought tooth and nail. If you and your spouse agree that a divorce is in your best interests and you retain enough mutual respect to work cooperatively, you may be able to reach a mediated settlement of your divorce issues. Under the trustworthy guidance of an experienced attorney from Kirshenbaum Law Associates, Inc. in Cranston, Rhode Island, you can resolve matters related to alimony, child custody, child support and property division, so you don’t have to go to trial on these issues. You simply present your settlement agreement for the court’s approval and the judge grants an uncontested divorce. Of course, even a mediated solution can run into complications. But when you retain our firm for your mediation, you get a proven attorney who is determined to save you time, money and stress while delivering mutually beneficial results.
THE PROCESS OF DIVORCE MEDIATION IN RHODE ISLAND
The divorce mediation process in Rhode Island is entirely voluntary and is certainly not for everyone. Participating parties must be respectful of each other and work cooperatively to achieve a resolution they can both live with. If there is a history of domestic violence, intimidation or substance abuse that has eroded trust, mediation probably won’t work. But couples who are determined to move forward in a positive manner can generally resolve many, if not all of their issues under the guidance of an experienced mediator.
The mediator acts as a neutral third party who listens to both sides and guides the discussion toward a reasonable compromise. The mediator does not take sides or represent one party or the other. Both parties should have their own attorneys to advise them during the course of the mediation, although the attorneys are not present at mediation. At our law firm, our attorneys perform as mediators, and we also counsel clients who are engaged in mediations outside our office.
The mediator conducts sessions where the parties discuss their desires and goals relative to a particular topic, such as child custody. The mediator presents questions for them to consider and assists in drafting a parenting plan that accomplishes their objectives. Over the course of several sessions, the parties grapple with other issues until they reach a complete settlement or an impasse.
If the parties have a complete settlement, they present it to the judge who approves and makes the settlement the basis of the court order dissolving the marriage. If the parties only reach a partial settlement, that agreement goes to the judge and the remaining issues must be litigated. In this way, mediation can be productive even when it is not entirely successful.
ADVANTAGES TO CHOOSING DIVORCE MEDIATION
Divorce is often a difficult and emotionally draining process, but mediation can make it much easier. The advantages to divorce mediation include:
- Cooperative rather than adversarial — This means less stress. It also helps parents resolve lingering emotional issues, so they can cooperate better as parents after the divorce.
- Self-scheduled — Instead of relying on openings in a crowded court calendar, you can fit sessions to your schedule. This allows mediation to move forward more quickly than a trial.
- Cost-effective — Going to trial is very expensive. Mediation avoids the cost of discovery and reduces the number of hours your attorney has to bill you.
- Greater privacy — Mediation sessions are private, and no one keeps a record of statements you make. Contrast this with court, where you testify under oath in an open forum.
- Greater control over the outcome — Instead of risking an adverse ruling from a judge, you and your spouse exercise control over your final settlement. Although compromise is necessary, you don’t have to agree to anything you can’t live with. Mediated agreements also tend to hold up better after the divorce; since the parties have had a role in creating the settlement, they tend to stick by it. This is another big plus for parents.
For these reasons and more, divorce mediation is the right choice for many divorcing couples.
Contact a Rhode Island law firm committed to positive results in divorce mediation
At Kirshenbaum Law Associates, Inc. in Cranston, Rhode Island, our divorce mediation attorneys are committed to providing exceptional service leading to optimal results. To learn more about how we can help with your divorce mediation, contact us online or call 401-467-5300 today.