Am I allowed to end the mediation process?
Entering into litigation during the divorce process can be difficult for some couples. Many couples decide to go through mediation instead. During mediation sessions, they can meet with a neutral third party that serves as a mediator. This person does not make decisions for them, but rather guides the conversation. They can serve as someone who can ease the tension if arguments were to arise. They can also make sure the conversation is productive in reaching conclusions for each issue.
Spouses will have to talk about their marital issues during mediation. This can include issues such as child custody, child support, alimony and the division of assets. It can be hard for them to talk about without getting emotional. Since they are in mediation, it serves as a more private setting, which can be more comforting than being in an open courtroom. However, they have to work together to make decisions and cooperate with one another. They may need to make compromises with one another on their marital issues to reach a solution. This can be difficult to do for two people who are now splitting their lives. Due to this, couples can enter into mediation and decide to end the process at any time. If they become too emotional or are not making any progress, they can choose to end the process. This may cause them to enter into a contested divorce, which may lead to litigation.
Can I bring my attorney?
During these sessions, spouses are each able to bring their own attorney. This can be comforting to them. If they are experiencing many emotions, their attorney can make sure they handle the legal aspects. Spouses do not want to get cheated out of something that is owed to them. Whether this involves money, possessions or time with their children, it can be very important to this decision process. Mediation is a difficult process since couples make decisions themselves. Although it may be able to preserve their respect for one another, it is not a process that is meant for all couples. It may be too difficult for some couples to even be in the same room together due to the deterioration of their marriage. If this is the case, they may have better luck in court.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.