The word “mediation” is heard a lot in family law. However, many litigants are not familiar with the actual definition or what the process entails. Divorce mediation in Tulsa, Oklahoma is only ordered based on the judge’s discretion. However, most judges order mediation for most Oklahoma divorces.
Here, we cover some key information about what mediation is and how it can benefit the course of your divorce.
The Foundation Of Divorce Mediation In Tulsa
The principle of mediation is to create a safe and calm environment that allows the parties of a divorce to negotiate in an amicable way. Most couples that are divorcing don’t want to interact with each other. Thus, parties usually hire attorneys to represent their interests in order to avoid the other party altogether.
Unfortunately, if parties cannot work out how to divide assets, create custody schedules, decide on spousal support, etc., then the court will decide for them. This process can be avoided by participating in the mediation process and attempting to resolve the issues in the divorce using a mediator.
The mediator is a neutral third party who will talk to each party separately and discuss what items are important to them. For some individuals the wedding silver is extremely valuable to them, while the family pet is important to the other.
It is important to enter mediation in Tulsa with the expectation that each party will have to give up items that are important to them. Keeping in mind that a judge will decide all the issues that parties are unable to agree on is often a good motivator for the parties to learn to compromise.
The Process
You will most likely be in a separate room from your spouse while the mediator talks to you. Both parties will create a list of important items and wishes. The mediator then compares the list and uses their skills and experience to try to help the parties come to an agreement.
Once an agreement is made, the mediator will create a “Settlement Agreement” for both parties to sign. The judge reviews the agreement and signs it. The agreement is now a binding order and contract and must be treated as such by both parties.
How Mediation Helps
Preserving Relationships
The main benefit of mediation is preserving family relationships. When a divorce becomes tumultuous, having a third party there to help “referee” and keep conversations calm and on point is necessary in order to maintain the already stressed relationship between the parties. The mediator helps neutralize the situation and allow for more productive conversations and negotiations.
Creating Successful Parenting Plans
A mediator can also assist the parties in creating a parenting plan and decide how custody should be divided.
Often, how custody is divided can be the most difficult issue in a divorce. Having an experienced mediator who has helped form successful parenting plans in the past and can point out issues parents may not see is invaluable in the divorce process.
Without the help of a mediator, parents would end up having custody determined by the court.
Minimize Courtroom Time
Most parties prefer to stay out of the courtroom. Hearings before a judge can be long, both in attending the hearing and preparing for the hearing. Also, they are expensive and stressful.
Using mediation allows the parties to negotiate, compromise, and ultimately decide on legal issues without having to set foot in a courtroom.
The mediation process is shorter than multiple hearings. Therefore, you will end up spending less in attorneys’ fees as a result.
How An Attorney Can Help You In The Process
Although many parties go through mediation on their own, having an attorney assist you through the process is very helpful.
A Tulsa divorce attorney can help you prepare to meet with the mediator, can walk you through the steps of the process, and show you what a marital settlement agreement looks like.
Discussing the major issues of your divorce beforehand with your family law attorney will help narrow down the important items and save time during the actual mediation.
Free Consultation with a Tulsa Divorce Lawyer
The divorce process is what you make it — the higher the conflict, the more expensive your case becomes. Hiring a skilled and experienced Tulsa divorce attorney ensures your rights are protected and explains all necessary and unnecessary steps in the process.
Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.
For a free, confidential consultation, call 918-924-5526 now.
