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Family law mediation helps couples reach a fair settlement with the assistance of lawyers and an intermediary, avoiding a judge’s decision. Mediation is negotiable, and lawyers draw up an agreement that both parties must sign. The judge gives final approval to the settlement agreement reached during the family mediation.
Divorce is typically an emotional process for the parties involved, and it can be difficult for husband and wife to reach a joint decision on key issues. Asset sharing, debt division, child custody, and financial support are topics frequently addressed during family law mediation. A judge can make decisions for a couple about anything they are unwilling or unable to resolve on their own. For this reason, it is wise for them to make a concerted effort, negotiate fairly, and come to a resolution before a final divorce or child custody hearing.
Family law mediation is an informal legal meeting in which a couple is often able to reach a fair and reasonable settlement – within the bounds of the law – with the assistance of lawyers and an intermediary. If necessary, a judge can make all decisions for a couple, including who will live in the family home or retain ownership of a vehicle. It can decide that the parents should have joint custody of a child, or one person will pay child support or alimony to the other.
However, usually a judge does not have expert knowledge of the parties who are dissolving their marriage. He can only know what is said during court proceedings. In the absence of an agreement between the two parties, its decision is not always in everyone’s interest.
For example, she may want her husband to keep the family car and pay off the loan monthly, but in reality the husband doesn’t want the car. During the mediation, however, he could have offered it to his wife in exchange for something he wanted more, such as artwork or collectibles. Instead, a judge awards those things to his wife, who would have preferred to keep the car and forfeit other assets. In this type of scenario, the family law mediation may have ended with both parties receiving the portion of the marital assets that they actually wanted.
Almost everything is negotiable in family law mediation, from child support payments to which person will retain ownership of the items the couple has jointly purchased during the course of the marriage. The mediator and attorneys usually offer advice and help ensure that the division of assets is reasonable. Once all matters have been resolved, the lawyers draw up an agreement that both parties must sign. The enforced settlement is then sent to a judge with a motion and request for a final hearing.
The judge gives final approval to the settlement agreement reached during the family mediation. At the final hearing, it can question the parties to make sure they understand and voluntarily accept the issues contained in the records. If the judge thinks something is unfair, they can make the appropriate changes. For example, a couple may agree that a child will reside with his mother, but the father’s child support payments are below or above the legal guidelines for that area. A judge may adjust the amount of support when he deems it unacceptable or if the reason for the proposed deviation is not satisfactory under the laws of the jurisdiction.
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