In Oklahoma and many other states, mediation is the preferred method for resolution of disputed issues in a divorce. Designed to remove the burden off the courts, mediation is cost-efficient and expedient. It can also serve as an amicable and cooperative approach toward reaching divorce settlement agreements.
As your Tulsa divorce attorneys, we support any positive method of dispute resolution that encourages expediency and cooperation. It is difficult for the parties to make informed decisions in a hostile environment where tension rules.
How to Choose a Mediator
There are a few considerations in choosing a mediator. For instance, the mediator should be fair, have the ability to listen and have knowledge of the law involved and the local rules. In some venues, it is important for the mediator to have knowledge of the judges and have an understanding of how a particular judge would rule on a case.
Duration of Mediation
The time needed for medication is determined by flexibility of the parties, a willingness to resolve the issues between the parties and the complexity of the issue at hand. Generally, most mediation proceedings take an average of 2 to 4 hours, while more complex or large cases can take a full day.
The Stages of Mediation
In the first meeting, the mediator and involved parties determine the issues for resolution, the order in which the issues should be considered, and what information is necessary for the mediator.
At the second meeting, the parties give the information they were charged with gathering to the mediator. The mediator discusses how the requirements of both parties can be met in the spirit of cooperation and compromise. The mediator has a duty to offer information to the parties regarding the court system and the traditional methods in which divorce cases are resolved.
If the mediation is successful, an agreement is drafted by the mediator and reviewed by the parties and their respective counsel for incorporation into the settlement agreement. There are no court hearings.
If a compromise is not reached, however, the matter goes back before the court for a hearing and decision rendered by the court as to the issues at hand.
It should be noted that in order for a mediation to succeed, the parties must have a level of trust between them to allow for negotiation. There are exceptions in which mediation would not be recommended, such as cases involving abuse.
Mauldin & Bennett, PLLC: Your Tulsa Divorce Mediation Attorneys
If you have questions about your divorce mediation, please feel free to contact one of our Tulsa divorce and mediation lawyers today. You can also fill out and submit the contact form and we will contact you directly.