Divorce Mediation for Child Custody and Parenting Plans
You and your spouse have unfortunately come to the conclusion that your marriage is no longer working for you, and it is time to end your union. Does this necessarily mean a divorce trial is the only means forward? No. Not at all. Divorce mediation can often be a successful method to assist parties to reach an amicable agreement.
Private or Court Mediation?
Private divorce mediators are available to be hired in Dayton and most areas of the Country. Your divorce lawyer can help you navigate the options. They typically charge $200 to $350 an hour for their services. Checking their background and divorce mediation experience is VERY important! The benefit of a divorce court mediator is that you do not have to pay him/her for their time.
All the divorce courts around Dayton have some form of divorce mediation available. Mediation is a form of alternative dispute resolution and can be very beneficial if both parties are willing to listen to the mediator and act with good faith.
How does Mediation Work?
In divorce mediation, the couple meets with a trained mediator to discuss and work through the issues of the divorce. The mediator does not represent either party and remains neutral. Their role is not to give legal advice, nor do they make decisions. They serve as a facilitator to help spouses determine what is best for both of them. It is important to understand that some mediations result in a partial settlement not a full settlement. Nonetheless, that can be very beneficial to narrow the contested issues!
We published a prior blog article about mediation in Montgomery County Domestic Relations Court in 2011. Click There to read that article.
While mediation can be a very viable option for many, there are instances where mediation is probably not the best option.
When is Divorce Mediation not a good option?
It goes without saying that going through a divorce is a difficult and emotional time. Successful mediation works when a couple is willing to communicate candidly about issues and negotiate in good faith. Compromises are often necessary.
Some spouses feel so “wronged” that they are not willing or able to do so. The relationship may have become so hostile that one or both of the parties are unable to control their emotions and have difficulty even being civil to the other. If this is the case, then it is probably in both of their best interests to let the attorneys work things through.
In cases of domestic abuse, either physical or emotional, then mediation would not be the best route to pursue. In fact, some mediators do not accept cases where there has been abuse. For the party that has been abused, it could be a traumatic experience to have to mediate. They may still feel that they are being manipulated by the abuser. When there is a power imbalance in the relationship then this is definitely a time for an attorney.
Divorce Mediation for Complex Financial Issues
When children are involved in a divorce, if there is any concern about their well-being and/or their safety, then mediation may not be a viable option. Again, if there has been any abuse in the past mediation should not be considered. Keeping the child’s best interests is so vital and while a marriage ends, parenting does not. If the couple is not able or willing to have open discussions about the future of the children, then it is best to have the attorneys to move forward with a divorce case. Often, a Guardian Ad Litem will be appointed to interview the parties and children and make a recommendation to the Judge about what is in the children’s best interests in terms of parenting time and/or custody.
If there are complex financial issues or spousal support (alimony), then mediation may not be the preferred approach. Money, like custody, can be a very hotly contested issue. The couple may have very different opinions on how the finances are to be divided. If one spouse feels that the other might be trying to hide assets or not fully disclosing everything then mediation is likely not the route to pursue without first requesting all needed discovery. Also if there are intricate business interests or if there are substantial assets to divide, then it is wise to have each spouse represented by an attorney who understands what is at stake so each party is treated fairly.
A mediator is there to help facilitate communication, but their role is not to protect either party. That is the job of the attorney, to protect their client’s best interests. Even if the couple is able to reach an agreement through mediation, each spouse has an opportunity to have an attorney review all agreements before anyone signs anything. Mediation is definitely not the answer for everyone, but it can be very helpful in the right case!
We Are Experienced, Trusted Ohio Divorce Mediation Attorneys
If you are thinking about a divorce but don’t know where to start, our Dayton Ohio divorce lawyers at Holzfaster, Cecil, McKnight & Mues are here to help explain the process and answer your questions. Of course, everything discussed is 100% confidential. Please call us at 937 293-2141 to schedule a conference either in person, by phone or Zoom.
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
