Choose mediation as the pathway to resolving your disputes without the extreme cost and destruction to your family that is often common in divorce litigation.What Is Mediation
Divorce in Missouri is legal process that concludes with a family law judge entering a Judgments of Dissolution of Marriage
Mediation at STLFAMILYLAWMEDIATION is a collaborative process in which you and your spouse meet with an experienced family law attorney extensively trained in the practice of mediation. Your mediator will assist you in educating you and working through all legal issues that are part of a divorce judgment in Missouri. This includes, but is not necessarily limited to, child custody, child support, maintenance and division of marital property and of your debts. Mediation is done in a professional, safe and collaborative environment which is designed to lead to the best outcome for your family.
For more information about the specific process by clicking this link.Why Choose Mediation
There are many reasons why mediation is the proper course in Missouri when one or both parties decide it is appropriate to dissolve their marriage. First, in many respects the litigation process in Missouri is a broken process. For those parties who are unable to agree to the terms of their divorce, their family law judge is charged with the task of hearing evidence at trial and determining and entering orders and judgments on these terms. There is a mandatory thirty (30) day waiting period in Missouri from the time that a divorce petition is first filed until a judgment of divorce can be entered. However, this process can often take a year or longer just to have a judge hear your case. Our Missouri court system is overcrowded. There are more family law cases going through our courts than we have judges to efficiently hear them. In our larger Missouri circuits, it is not uncommon for a family law judge to have hundreds of cases in his court.
Divorce can be a very painful process and the delay caused by the overcrowding of our Missouri Courts extends that pain and delays the recovery that often comes with resolution of the process.
The results of overcrowding and the corresponding delay very often result an increase in the cost of the litigation process to the family. The vast majority of family law attorneys in Missouri charge for their services on an hourly basis. But, even the most well-meaning attorneys have very limited control over how rapidly their client’s cases move through the litigation process. Under these circumstances it is not uncommon for the costs of a contested divorce in Missouri to be tens of thousands of dollars to the family.
Mediation can often resolve the issues in your divorce in a much shorter time-frame and at a lesser cost than the litigation process.
In the litigation process you are relying upon your Missouri Family Court judge to decide these critical issues without necessarily reaching a specific agreement on how they will be resolved. This process can lead to anxiety about the pending results and dissatisfaction with the outcome once decided. It can also lead to increased family conflict and potential damage to minor children who are caught in the process..
While mediation is not an easy process and requires consideration and compromise, it is designed to achieve a certain result that that parties control. Having a vital an integral role in working through the terms of your divorce can lead to an increased likelihood of acceptance and a greater willingness to follow the terms in the final judgment.
The process of mediation gives parties the opportunity to reach a resolution in their divorce, that limits the potential conflict and corresponding damage to family members.How Do We Mediate
We will work with you on a systematic approach educating you on the divorce process, discussing the issues pertinent to the dissolution of your marriage, the circumstances of your children and potential custody decisions and the disclosing of all marital assets, liabilities and income. All of which are necessary foundations pieces for successful mediation.
- Understanding the process
- Communication over issues
- Considering the circumstances of any children and all aspects of a detailed custody order.
- Disclosure of Income, Assets and Liabilities
- Considering the nature of marital or separate property.
- Considering the application of Missouri law
- Reaching an Agreement
Education, Understanding, Communication, Disclosure, AgreementIs Mediation Right For Us
The short answer is “No”.
There are two primary obstacles to a successful mediation scenario. The first is a history of abuse. In order to make the decisions necessary to reach an effective agreement, the dynamic that is often present in an abusive relationship between the abuser and the person being abused doesn’t lend itself to successful mediation. The parties need to be able to openly communicate in working through the process, as directed by the mediator. And, each party should be willing to consider their spouse’ position and potentially compromise on certain issues in order to reach an agreed upon resolution of the terms of divorce.
The second common obstacle to successful mediation is when one or both parties are unwilling to fully disclose their assets, liabilities or income. Full disclosure is a requirement to determine support obligations and the division of assets and debts. If one spouse is determined to hide relevant information from their spouse, mediation is not a remedy that should be attempted before beginning the process of litigation. However, if during the litigation process full disclosure is made, it is possible to use that information in mediation.When To Engage In Mediation
It is possible to mediate the terms of your divorce prior to actually filing for divorce. Also, it is not at all uncommon to mediate after a divorce has been filed. In fact, many family court judges in Missouri will order the parties into mediation prior to the conclusion of litigation.
Contact our office today for more information on the mediation process.