MEDIATION SERVICES
At Terry Powell Law Firm, we offer comprehensive mediation services led by Attorney Laura Terry Powell, an experienced and licensed mediator. Attorney Powell is dedicated to helping individuals successfully mediate sensitive family law issues, including divorce and child custody, with the goal of achieving the desired outcome.
One of the clients’ favorite aspects of mediation is the opportunity it provides for both parties to reach a mutually beneficial resolution in a fraction of the time it takes for litigation. In comparison to the high costs associated with divorce litigation, our firm provides a flat fee for mediation services often saving parties several thousands of dollars. By choosing mediation, clients not only save valuable time but also reduce costs, allowing for a more efficient and collaborative process.
WHAT IS MEDIATION?
Mediation vs. Litigation:
How Mediation Works in Divorce Proceedings
When it comes to divorce, the process you choose can greatly impact the emotional, financial, and legal experience. Mediation and litigation are two distinct paths to finalizing a divorce, each with its own set of procedures, timelines, and outcomes. Understanding how these two approaches differ can help couples make informed decisions about which option is best for their situation.
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Divorce mediation is a collaborative process in which a neutral third party, known as a mediator, helps divorcing spouses communicate effectively to reach a mutually acceptable agreement on key issues such as property division, child custody, spousal support, and more. Mediation prioritizes cooperation and allows couples to retain control over the decisions that affect their lives and futures.
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Divorce litigation, on the other hand, is the traditional court-based process. In litigation, each spouse typically hires an attorney to represent their interests. If the couple cannot agree on the terms of their divorce, the case is brought before a judge, who makes binding decisions on their behalf. Litigation tends to be more formal and adversarial, with each side presenting arguments, evidence, and witnesses in court.
How Mediation Works in Divorce
1. Voluntary Participation
Mediation is a voluntary process. Both spouses must agree to participate and be willing to work together toward a resolution. A mediator, who is a neutral party, facilitates discussions and ensures both parties have equal opportunities to express their concerns and desires.
2. Confidential Sessions
Mediation takes place in a private setting, which ensures that personal and financial information remains confidential. Unlike court proceedings, which are part of the public record, mediation allows spouses to resolve their issues in a discreet manner.
3. Structured Yet Flexible
The mediation process is structured, yet it remains flexible to accommodate the specific needs and schedules of the parties involved. Sessions can be scheduled at times that work for both spouses, and the length of the process depends on how quickly the parties can come to agreements.
5.Final Agreement
Once both parties have agreed on all aspects of their divorce, the mediator drafts a settlement agreement, which is submitted to the court for approval. If accepted, this agreement becomes legally binding, just like a court order issued in litigation.
4. Collaborative Decision-Making
The mediator helps facilitate productive discussions, guiding both parties toward compromises that work for everyone involved. While the mediator offers suggestions, they do not make decisions for the couple. Instead, the spouses themselves have control over the final agreements reached.
