Understanding the Impact of Mediation and Conciliation in Divorce Process
Role of Divorce Lawyers pertains to legal proceedings concerning a couple who has decided to separate peacefully and who are the subject of a pending divorce case. The role of these lawyers is to provide legal representation for their client and negotiate the terms of separation. In most cases, they are also the one responsible for collecting alimony payments. This would mean that they negotiate on behalf of their clients to ensure that they receive fair compensation for the services that they have rendered to their previous spouse. These lawyers also represent their clients in alimony proceedings, should the latter file for bankruptcy. Visit www.fortmyersfamilyattorneys.com for more information.
Role of Divorce Lawyers is also exercised in family law cases. As already discussed, divorce lawyers perform the role of negotiators in divorce procedures. They are the ones who mediate between the two parties to find an agreeable settlement that satisfies both of them. In the process of mediating, these lawyers also assist their clients with matters pertaining to divorce, settlement of properties, and child custody and alimony. Furthermore, they also play the role of expert witnesses, whose testimony in court helps their clients in winning their divorce case.
Role of Divorce Lawyers is also exercised in collaborative law cases. Collaborative law refers to family law wherein two or more parties come together to settle a particular matter, be it child custody or alimony. It is a collaborative process wherein both parties make their own requests to the court and then the court grants them based on its own preference. In collaborative law, alimony and child support is usually awarded to the former spouse by the court while the latter one pays child support to the other spouse. However, the court may also award custody to one spouse or the other depending on the situation.
The importance of mediation in divorce proceedings is often under-estimated because the participants are not given the chance to air their views before a judge and to present their case in front of the judge. For instance, in a collaborative law case involving minor children, the divorce lawyers will mediate the discussions between the parents and the representatives of both parties, and the mediators are the ones who ensure that both sides agree to settle the case before going to court. As the parties negotiate through the mediation process, both spouses try to arrive at an agreement that they think is best for them and their children; however, the mediator plays the important role in making sure that all the terms and conditions of the agreement are met. Moreover, because the mediator plays a key role in such cases, many divorce lawyers offer professional mediation services and guarantee that the outcomes adhere to the requirements of the law.
In the above cases, the participation of the mediator is essential so as to make sure that the divorce proceedings follow the stipulated rules and regulations of the court. Mediation in collaborative law allows both spouses to communicate and work out an agreement without having to go to court. This also enables both parties to save a lot of money on legal fees. Moreover, the divorce lawyers are often able to get a better deal because they can act as “third-party specialists” in such cases and therefore obtain good results.
The ability of collaborative mediation to bring both parties to the table, reach an agreement, lower attorney fees, and achieve a fair settlement rate are some of the many advantages of using this method of settlement. However, it is important to note that this is not a method that works well for everyone. If you and your spouse can’t come to an agreement, you may want to try a different method, or ask the help of a divorce lawyer who will provide you with proper advice regarding your case.
