Washington DC Mediation Lawyer
When it comes to complicated family law issues such as divorce and child custody, mediation can be a viable alternative to the drawn out and costly litigation process. A Washington DC mediation lawyer could review your case and discuss whether alternative methods of dispute resolution may be advisable based on the facts of your situation. A skilled divorce attorney with a background in mediation could help you pursue an advantageous resolution to your legal matter that preserves you and your children’s fundamental interests.
Voluntary vs. Court-Ordered Mediation
Often, parties may willingly decide to enter mediation to avoid the emotional and financial strain of a lengthy court battle. A couple can decide to proceed with mediation at any point they choose. Mediation is often beneficial in uncontested divorce cases where the couple is mainly in agreement concerning the provisions of their divorce.
However, mediation can also be useful in a contested divorce situation. Sometimes, the court may order divorcing spouses whose case has already entered litigation to attempt to facilitate a settlement through mediation. While voluntary mediation may be conducted without an attorney at the actual proceedings, lawyer representation usually helps facilitate the mediation and obtain a settlement.
The Mediation Process
In a mediation proceeding, the parties would sit down with a neutral third-party to try to resolve their issues and reach a mutually beneficial solution. A lawyer in Washington DC could counsel someone before their mediation but not be present at the session, or they could be at the mediation for the duration of the proceedings. An attorney could advise which is the most effective option based on the details of a client’s case and the client’s objectives.
During the mediation, the neutral third party would try to facilitate a productive conversation whereby the parties could settle their concerns. If an agreement is reached, the mediator would draw up the document to be evaluated by each party and their respective lawyers.
In situations where the court instructs the parties to participate in mediation, the settlement may be presented to the judge. If the mediator proposes an arrangement that one or both parties take issue with, they would not be bound by the mediator’s determination, and the case could proceed to trial as before.
Arbitration As Another Form of Dispute Resolution
Arbitration is a form of alternative dispute resolution that may be recommended by a Washington DC attorney if mediation is unsuccessful or not a viable option. The primary difference between mediation and arbitration is that the judgment of the arbitrator is legally binding and enforceable.
At arbitration, the attorneys for both parties would present their cases and the arbitrator would make a final decision. While the decision of the arbitrator is enforceable, it should be noted that an arbitrator may not provide legal advice, and experienced representation is highly recommended.
Learn More from a Washington DC Mediation Attorney
If you have questions about mediation, a Washington DC mediation lawyer could help you better understand how the process works and whether it is right for your case. An attorney would work hard to help you achieve favorable solutions with the minimum of stress and upheaval to your family.
A lawyer could advise you of your legal options and help you thoroughly prepare for mediation. To learn more about whether mediation could be right for your case, call the office today and schedule a consultation.
