Florence Mediation Lawyer

Mediation allows families to resolve certain legal disputes outside of the courtroom. This form of alternate dispute resolution with a family attorney is an informal process in which the parties present their issues before a neutral mediator.

A mediator can help clients identify potential solutions and facilitate a resolution. You should speak to a Florence mediation lawyer if you need legal representation during out-of-court settlement talks.

What Is Mediation

Mediation helps parties in a legal dispute reach an agreement to resolve their issues. It is informal and separate from the litigation process that takes place in court.

Commonwealth law allows a party involved in litigation to make a motion requesting a mediator to review some or all the relevant issues. Courts cannot require a party to participate in mediation.

According to Kentucky Rules of Civil Procedure § 99.03, the court must consider whether mediation suits the case based on various factors, such as:

• The parties’ costs
• The stage of litigation
• The need for discovery
• A party’s ability to participate in mediation
• The party’s willingness to utilize mediation
• The types of issues that need a resolution

When taking part in mediation, the parties present their issues before an impartial mediator. Typically, an attorney or another individual skilled in dispute resolution serves as the mediator.

Mediators must obtain certain training to ensure their competency. For example, an individual can only mediate family law disputes if they have obtained 40 hours of general mediation training and 15 hours of training specific to family disputes.

The mediator helps facilitate a resolution to the conflict and assists the parties with exploring settlement alternatives, but the parties retain the ultimate decision-making authority in mediation. A Florence mediation attorney can assist with these negotiations.

The length of the mediation process can vary greatly based on the complexity of the issues, the level of disagreement, and personal factors like the parties’ emotions and ability to communicate.

The Benefits of Mediation

Mediation offers several benefits compared to letting a dispute play out through courtroom litigation. The process encourages the parties to work together to explore a resolution, making it generally less adversarial than litigation. Some other advantages of mediation include:

• Saves time and money compared to lengthy court disputes
• The mediator cannot force an agreement or judgment on a party
• The parties have more control over which issues to resolve and the outcome
• Parties retain the option to litigate the issues in court if they cannot reach a resolution

Another major advantage of mediation is it allows the parties to maintain confidentiality. According to Ky. R. Civ. Pro. § 99.11, only the parties involved and their lawyers may attend mediation conferences. Participants in mediation treat all communications and relevant documents as privileged and confidential information.

In addition to ensuring the privacy of personal information, confidentiality also encourages the parties to have honest exchanges to get past their issues and reach a resolution. A mediation lawyer in Florence can help facilitate these discussions.

Types of Issues Resolved Through Mediation

Parties can resolve a wide range of civil issues with the help of a Florence mediation lawyer. The process actively supports resolving family law disputes, especially when a married couple is going through divorce proceedings.

A mediation attorney can help a married couple resolve some of the most frequently contested divorce issues, including:

• Child support
• Child custody and visitation right
• Spousal maintenance or alimony
• The division of marital assets
• Disagreements about the terms of prenuptial contracts

Mediation can also potentially limit the heavy emotional toll that lengthy divorce proceedings can have on parents and children.

Contact a Florence Attorney for Help With Mediation

If you are preparing to face the mediation process, you should consult with a Florence mediation lawyer to help understand your legal options. An attorney can help you understand the difference between mediation and typical court proceedings.

Our legal team has decades of experience advising clients regarding divorce issues. We will work aggressively to fight on your behalf, so contact us today for a free consultation.