Can Courts Stop Divorce Mediation?Putnam Law Office
Divorce mediation is something that can save you a lot of time but may not always be an option. Certain circumstances and behaviors surrounding the divorce may prevent you from using mediation. Family court judges have the power to stop you and your spouse from having access to mediation services. If you have any concerns, try talking to an Oklahoma City divorce lawyer about your situation.
Benefits of Divorce Mediation
You may have heard that divorce mediation is cheaper and less time-consuming than a divorce trial. When you add up all the legal costs and court fees of a divorce trial, this is often true. Meditation is less rigorous and simply involves three people in a room, you, your spouse, and the mediator. This adds up to fewer overall expenses with a quicker resolution.
Divorce trials can be tedious and may drag out for a long time. Whereas mediation can offer an informal solution to any disagreements with your spouse. Whether you and your spouse disagree on child custody, division of property, or child support, a divorce mediator is trained on ways to help you reach a fair compromise.
Mediation is also informal compared to other means of obtaining a divorce. A mediator will hear out you and your spouse’s sides and then guide the disagreement into a discussion. What mediators tend to do is foster:
- Positive communication
- Open discussions
- Listening and understanding the other side
Some people have concerns about confidentiality. Divorce mediation is informal but still professional in the way the process is handled. That is why divorce mediation is bound by confidentiality and has the potential to be legally binding if you and your spouse sign a contract. Once this contract is approved by a Court of Law, anyone who breaks the contract could face legal issues.
Can a Judge Stop Divorce Mediation?
While mediation sounds like a great alternative, there are some situations where a judge will stop you and your spouse from using mediation. A judge can suspend divorce mediation when domestic violence or child abuse has happened. Child abuse and domestic violence can mean different things like verbal, physical, or sexual abuse or neglect.
There are some exceptions that may still allow you to use divorce mediation. Courts may allow mediation when:
- The divorce mediator is trained in domestic violence or child abuse
- One spouse is able to negotiate without suffering an imbalance of power
- The mediation process is designed with protective factors to prevent the negative effects of the abuse
Proving that false allegations were made can also be a way to gain access to divorce mediation. Try contacting an Oklahoma City divorce lawyer to learn more.
Divorce Attorney in Oklahoma City
Going through various divorce disputes can be exhausting. Feel free to reach out to an Oklahoma family lawyer for guidance. You can call the Putnam Law Office by dialing (405)-849-9149 for a consultation today. We are prepared to help you move closer to the divorce outcomes you want. Mr. Putnam is an experienced attorney in Oklahoma City, OK who will work with you to defend your case.