Birmingham Divorce Mediation

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Divorce mediation is an alternative dispute resolution process, which means, in short, that couples resolve all of the issues between them without involving a court. Divorce mediation can be an excellent choice to resolve one or more particular issues, and in some instances, it can resolve all issues to form the final marital agreement.

Collaborative divorce proceedings are a form of mediation. The main difference between collaborative divorce and divorce mediation are the parties involved and commitment of those parties to refrain from trial litigation. In a collaborative divorce proceeding, both spouses are required to have their own attorney, all parties are required to agree to agree, and if the collaborative arrangement needs outside advice, the appropriate expert is consulted by the collaborative team. If the collaborative arrangement fails to form a final marital agreement, then it is disbanded, and each party must then acquire the services of different attorneys.

In a divorce mediation proceeding, only one attorney is required to mediate the discussions, however, two or more attorney can be involved in the discussions. As with collaborative divorce proceedings, the ultimate goal is to achieve a final agreement. That agreement becomes the marital agreement upon which the divorce is granted, if the agreement is approved by the court. As with a collaborative divorce agreement, the court will not approve an agreement that lacks fairness, willingness, or that fails to properly address all of the elements required in a marital agreement.

The final agreement of divorce mediation is prepared by the mediating attorney. The agreement is then submitted to the court for approval. A court can set the agreement aside and enter its own ruling. Courts are unlikely to set aside an agreement that has been appropriately prepared by an attorney, but may raise an eyebrow at an agreement prepared only by the couple. The reasons are many, but the main concerns of any court will be whether the agreement is fair, whether it violates public policy, and whether it actually addresses each concern that the legislature sought to address when they formed divorce laws.

Consequently, it is always wise to acquire the services of an attorney during the mediation process and for the final agreement. It is even more critical to ensure that the mediation attorney has experience in the vast area of family law, particularly divorce law and asset preservation.

Avoiding A Fight – Birmingham Divorce Mediation

It is no secret that an Alabama divorce is a difficult process for all parties involved. Emotions are high, stress is at a maximum, and it can often be difficult to cope with the impact divorce can have on all aspects of your life. However, there are alternative options available for people considering an Alabama divorce aside from traditional adversarial court proceedings. One such option is mediation, which can be an effective method for achieving a divorce agreement even for couples that are struggling to communicate with one another about the terms of a divorce. Birmingham divorce mediation can provide a more streamlined divorce process that is easier on the parties involved in an Alabama divorce both emotionally and financially.

What is divorce mediation?

The Alabama divorce mediation process is a form of alternative dispute resolution that seeks to allow parties involved in an Alabama divorce to reach an agreement on the terms of that divorce without traditional court proceedings. Some courts require couples to attempt divorce mediation while other courts leave the option available to couples that wish to utilize it. Some mediators work with divorcing spouses throughout the course of a day with the hopes that an agreement is reached. Other mediators may utilize an ongoing mediation process where spouses meet periodically to try and come to an agreement. However, because the process involves less time in a courtroom and thus less time for your attorney to work with you on your Alabama divorce, the divorce mediation process can save you time and money during Alabama divorce proceedings. While the goal of Alabama divorce mediation is to help parties avoid traditionally adversarial courtroom proceedings, any agreement reached in mediation must still be presented to an Alabama court for incorporation into an official divorce decree. You are not required to sign any mediation agreement reached if you do not feel comfortable doing so, and a Birmingham divorce attorney can help you review your options during and after mediation.

Do you need to be represented by an attorney during divorce mediation?

The process requires one impartial attorney to act as a mediator during the process, and parties to the Alabama divorce can engage in the process without the assistance of their own attorneys. While a party is not required to use an attorney to represent them during mediation, it is still advisable to work with an experienced Birmingham divorce lawyer when engaging in divorce mediation to ensure that any settlement reach is fair and respects a person’s individual rights during the divorce process. It is important to remember that the impartial attorney acting as a mediator is not able to provide legal assistance to the parties during mediation so that the mediating attorney can retain impartiality.

Birmingham, Alabama Divorce Mediation

One of the most important decisions you will make in the Alabama divorce process is choosing an attorney that has experience in a variety of different divorce scenarios. Alabama Divorce & Family Lawyers, LLC has experience working with clients throughout the divorce mediation process as well as throughout the traditional court-based divorce process. There are a variety of options available to clients worried about the cost and time of the Alabama divorce process, and the legal team at Alabama Divorce & Family Lawyers, LLC will help provide clients with information about the options available to them so that clients can make a decision about what option may be best for their individual situation. contact the Birmingham divorce attorney at Alabama Divorce & Family Lawyers, LLC to schedule a consultation and find out more about how the Alabama divorce process might affect you.

We have helped many couples through divorce mediation, and offer free initial consultations to discuss your divorce mediation needs. Please contact Alabama Divorce & Family Lawyers, LLC to arrange your free consultation.

Types of Divorce Cases We Handle

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