Mediation Is Required in Contested Divorce Cases
South Carolina is a state that requires mandatory mediation in every contested case. If you are unable to resolve your family court issues by agreement you will need to have an experienced mediator who can help try and avoid a costly trial. The Law office of Andrew B. Farley, know th most experienced and talented Mediators in the Columbia area. Let us work to find the one that will be the best for your case.
What Is Mediation?
Mediation is the scenario where both spouse's work along with one attorney for the purpose of resolving the terms of their divorce. It is an way to resolve the disputes in contested cases before going to trial. Both parties work separately with a third party known as the mediator to tackle topics such as child custody, visitation, spousal support, real and personal property division and more. This process must be completed if the parties wish to have their case tried before a Judge in a final hearing.
Benefits of Mediation
If both parties are able to agree then it can allow them to avoid more extensive interaction of the court. When the court steps in they will typically call the shots and can leave those who are actually affected by the divorce unable to have more of a say in it. It also allows both parties to have a say and develop final terms that they feel more comfortable with. For those that share children together, it can be a good start to go this way, aiding a couple to learn how to work together in their new roles. Another added factor is that it can be less expensive.
A couple may be able to work the details out with the use of a mediator, but the option for a trial is always there. Having a mediator help in preparing a Settlement Agreement is also beneficial since a trial will be a much more expensive scenario. Mediation is a way to help bring the any family court case to an end, and most cases are resolved in this manner to avoid a trial in family court.
Finding the Right Mediator
All areas will be discussed in mediation that will be important to your case. It is important that you certain rights are not overlooked in mediation and that critical areas are not backed down to just for the purpose of resolution. A mediator can get to know both parties and understand what they hope to get out of it. Some individuals worry that a mediator will take the side of their spouse, leaving them shorthanded. A mediator is an unbiased third party that is considering the interests of both people involved, as well as any children there may be. They also use confidentiality and can keep certain matters private between the two. Mediation is almost always a better solution that an expensive and emotionally draining trial.