Family law mediation is a tool for resolving divorce, child custody, relocation or other family law issues, without costly litigation and court intervention. Family law mediation is often used to resolve points of dispute prior to filing for divorce, but sadly is more frequently used after parties have already filed and staked out their positions on issues and elevated tensions over those issues. Mediation is also commonly used after a divorce is final in the context of child custody disputes, which according to the divorce decree and parenting plan require mediation as part of the “dispute resolution” process before seeking court intervention. Whichever your situation, if you wish to seek an alternative dispute resolution, without costly and potentially emotionally charged and conflict laden court intervention, then read on and call us today to explore your options.
Pre-Divorce Family Law Mediation
Are you thinking about filing for divorce or are you currently going through a divorce? Do you seek to settle the dispute with less time, less money, and less heartache? Do you seek to have your voice heard in settling the dispute, rather than a “judge-ordered” plan for you and your family? If so, Attorney Kristen D. Antolini, a West Virginia Supreme Court-Approved Family Mediator, can help with our firm’s family mediation services.
What is Family Law Mediation
Family mediation is a tool to settle both child custody and property division disputes. Simply stated, the use of family mediation to settle a divorce peacefully makes a lot of sense to separating couples. Why? A family mediator is a neutral, third party with no authority to make any decisions, who can help you discuss and develop a resolution that meets the goals and interests of both parties. Mediation is an informal process that shifts the focus from what has happened in the past to what will work best for you and your family in the future.
Mediation is a confidential process. There is no evidence, no cross-examination of parties, and no witnesses. Nothing that is said or presented in a mediation can be used against you in a subsequent court proceeding.* Mediation is a no-risk process – parties are usually able to come to an agreement at mediation, however, if not, the dispute can still be resolved by the traditional court process.
Once an agreement is made between the parties, whether it be related to child custody or property division, the family mediator can format your agreement in a packet for review by the family law judge hearing your case. If the judge approves the agreement, your mediation agreement will be entered by the court as an order, and your case will be dismissed without further litigation.
As a splitting couple knows first-hand, family conflict, if left unresolved, can be a costly battle, both emotionally and financially. Attorney Kristen D. Antolini of Adams Legal Group, PLLC can help you resolve your family law conflict in a manner that is both time efficient and cost effective. Please call Adams Legal Group, PLLC today to discuss how family mediation might be a good fit for you and your family’s needs.
*Exception: Should substantive allegations of child abuse be made during a mediation, the mediator is a mandatory reporter, and is obligated under the law to report substantive allegations of child abuse to the appropriate authority.