An Amicable Way to Resolve Family Law Issues
Mediation is another process through which parties can attempt to resolve divorce and other family law issues, without immediately going to court. Rather than each side hiring attorneys and going to court, mediation allows the two sides the opportunity to create their own resolution to their family law issues.
At the law firm of Sowald Sowald Anderson & Hawley in Columbus, Ohio, attorney Robert Hawley provides mediation services in addition to his practice as a family law attorney.
What is Mediation?
Mediation uses a neutral third party (the mediator) to facilitate a series of discussions between the parties about disputed issues. While the mediator may be an attorney, the mediator does not represent either side and the mediator's purpose is to keep the conversation focused on the relevant issues to try to ensure that both parties have the opportunity to identify and address their thoughts and concerns about the issues. The mediator does not make decisions or suggest solutions, but rather facilitates discussion in order to assist the parties in reaching their own agreed resolution of issues. If the mediation is successful and the parties are able to reach an agreement, the mediator puts the agreement into writing and the parties then provide the written agreement to their attorneys to be incorporated into the necessary legal documents.
Some Ohio counties require a mediation assessment when the two sides have a dispute over child custody and visitation. Mediation is also an option when the two sides want to try to reach an agreement on issues such as marital property division, child support and spousal support before going to court. While parties are never required to make agreements in mediation, mediation gives you the opportunity to reach a resolution you can live with, rather than facing the possibility of a court imposing a decision that does not satisfy either party.
The results of mediation are not binding on either party unless both sides agree. If you and your spouse cannot agree, you can proceed to litigate the issues in court.
Robert Hawley can serve as a mediator in your divorce matter either before your divorce or because a court has referred you to mediation.
Should I use Mediation?
Mediation can be a useful tool for resolving virtually any family law issues, but it is not a substitute for legal representation. It is not the role of a mediator to make decisions or analyze complex financial and legal issues. The mediation process is designed to assist the parties in identifying, discussing and resolving issues either before court action is initiated or prior to a case going to trial.
Couples who seek mediation before going to court will still have to complete the formal documents and requirements to legally finalize their family law matter, which may require one or both parties hiring an attorney. Couples who participate in mediation after a court action is initiated will still need to work with the court and their attorneys to finalize the court action. Thus, mediation can be a first step to terminating the marriage before starting the divorce process, or an interim step used during the court process to aid in negotiation and resolution.
Schedule a Mediation Assessment
To schedule a consultation about mediation with a lawyer at Sowald Sowald Anderson & Hawley, call 888-609-8912 or fill out the contact form on this Web site. Our law office is located on Fifth Street in downtown Columbus.
