Can I Seek Mediation if Domestic Violence Was Involved?
Domestic violence can create various complications with a divorce case. One problem faced by many couples is not being able to seek mediation services to resolve divorce disputes because of domestic violence charges or a history of domestic violence or child abuse. Since mediation is a faster and cost-effective way to resolve divorce disagreements, not having access to this resource can be disappointing. However, there are certain exceptions to this rule that may allow you to still seek mediation services. Talk to an Oklahoma Divorce Lawyer for more information.
Mediation Exceptions for Domestic Violence
In Oklahoma, a family court has the power to prevent married couples from seeking mediation when domestic violence or child abuse appears to have happened recently. Exceptions to mediation suspension exist and if you meet one of these exceptions, then you may be able to receive the mediation services you need. Three exceptions need to be met for this to happen.
The first exception is when the mediator you are seeking help from has years of training and experience with handling couples who have been through domestic violence or child abuse. This means you might have to search through different local mediators until you find one with this kind of experience. Secondly, you must find a mediator who will provide mediation with factors that will prevent any imbalance of power specific to the abuse. This is done to avoid worsening the effects of abuse or violence.
The last exception applies when the victim of the abuse or violence is deemed by the court to be capable of handling the mediation process without suffering further emotional distress. Both parties must be able to use negotiation skills to make sure there are no factors that could bias the solution-focused process.
A mediator can help determine whether you and your spouse can receive their services if domestic violence or abuse has occurred. Once these exceptions are met, you and your spouse should be able to use mediation as an alternative to the divorce trial.
What Can Mediation Do for Me?
Family mediation can be a helpful alternative to going through a prolonged and tedious divorce trial. A mediator can help you and your spouse make decisions regarding child custody, child support, alimony, and division of property. Your confidentiality is protected and if the mediation leads to a compromise, all you have to do is sign an agreement form, send this to a judge, and wait for the approval.
There are a few things you can expect during the mediation process. A mediator is trained in resolving disputes by de-escalating conflicts, hearing both sides with an objective mindset, brainstorming solutions, and finalizing legal decisions for both of you.
Family Attorney in Oklahoma
Not being able to seek mediation is upsetting because the alternative to this can be time-consuming and emotionally draining. If you were still denied mediation after meeting these exceptions, consider hiring an Oklahoma Divorce Lawyer. The Putnam Law Office can be reached at (405) 849-4898 for a consultation today.