Divorce Mediation vs. Court
Divorce proceedings can be stressful and contentious, but they don't have to be that way. With the right legal counsel and a shared goal of settling things fairly for all parties, divorces can be handled amicably. In many cases, the fastest and most agreeable way to settle a divorce is through mediation.
Divorce attorneys at Froerer & Miles have helped many people from South Ogden, UT, Layton, UT, and surrounding areas as they navigate divorce mediation. While mediation offers many benefits, it is not always the right solution. Our attorneys help clients consider divorce mediation vs. court, and which is most likely to get them the outcome they desire from divorce proceedings.
What Is Mediation?
Mediation is a type of collaborative divorce process. Rather than presenting contested arguments before a judge, individuals going through mediation work together to come up with agreeable divorce settlements.
Mediation is facilitated by a third party mediator. The mediator does not offer legal advice, nor do they recommend solutions. Instead, the mediator is a type of liaison who encourages discussion between two parties to see if they can agree upon acceptable resolutions to divorce matters, including:
- Division of assets
- Child custody
- Child support
- Alimony or spousal support
If agreements are reached during mediation, the mediator writes up a non-binding memorandum that summarizes the proposed divorce settlement. This is used as a guide, often by an attorney, to write up a stipulation and order that is presented to the court. When mediation is successful, it is a faster, more peaceful, and more affordable resolution of a marriage.
Is Mediation Required?
Many states have started requiring mediation before allowing a divorce case to be brought to court. In Utah, divorcing spouses are required to attend at least one mediation session. After that session, mediation proceedings can continue, or the mediator can let the court know that a settlement cannot be reached. Despite this mandate, there are certain times when mediation is not practical or safe. In these circumstances, our attorneys can file a petition for our South Ogden clients, asking that the mediation requirement be excused.
What If Mediation Is Unsuccessful?
Even when people commit to the mediation process, it is not always a success. There are times when divorcing spouses are unable to reach an agreement about some or all of the matters that need to be settled in a divorce. If mediation is unsuccessful, the mediator will let the court know that the spouses have attended their mandatory mediation session, and that the case must now proceed to court.
Settling a Divorce in Court
When a divorce is settled in court, each party works with an attorney to create a proposed divorce settlement. In court, each side is given the opportunity to present their settlement and argue why it is the most appropriate resolution. Once cases are presented, it is up to the judge to make a ruling regarding key issues, such as division of assets, child custody and support, and spousal support.
Contact the Attorneys at Froerer & Miles
If you are considering a divorce, the attorneys at Froerer & Miles can answer any questions you may have about mediation or divorce court. To learn more about your divorce options, send us a message online at your earliest convenience, or call our law firm at (801) 621-2690.