If possible, the goal of every case is to reach an amicable settlement which is memorialized in an enforceable and signed Marital Settlement Agreement. Coming to a settlement is a significant benefit to families going through a divorce: reaching a settlement means that you have resolved your disputes, it keeps you out of court, and saves you money.
The attorneys at CLEMENS | WARREN, LLP are experienced and adept at resolving cases through private mediation. Private mediation is a process where both parties are often represented by counsel and a neutral, third-party mediator (such as a retired judge) is chosen to conduct mediation in an effort to resolve all issues in the case. Often private mediation of this type is done after discovery has been completed and sometimes even after there have been several court hearings in a matter. Private mediation can be an excellent option for complicated cases with thorny legal issues that are not necessarily clear-cut, but where a compromise and/or avoiding a lengthy trial could save the parties the time, financial expense, and emotional cost of a long and draining trial.
Here at Clemens | Warren, LLP, we are also pleased to offer our own private mediation services to individuals who desire to hire a mediator to work directly with them and their spouse (or ex) to settle their case. Both parties have to agree to jointly retain a mediator and both sides must be motivated to settle their differences out of court. In this situation, neither side has an attorney and the mediator works directly with the parties, often meeting with them at the same time, to work through their differences and reach a global settlement of all case issues. Sometimes this can take a few mediation sessions, depending on the complexity of the case issues and items to be resolved.
Mediation can be a cost-effective and advantageous way of resolving many issues in a family law case. Sometimes parties simply cannot reach a meeting of the minds though. If you find yourself in such a situation, the Court may schedule something called a Mandatory Settlement Conference (MSC) prior to setting a case for trial. The MSC operates similarly to mediation, but typically it takes place using a volunteer settlement attorney (appointed by the court) and their time is limited to approximately 3 hours. If the case settles at the MSC, a formal Marital Settlement Agreement will then be drafted, or you may sign a less formal written agreement which recites the terms of settlement prior to the formal Judgment of Dissolution being entered.
Contact us today to discuss your options for mediation and settling your case.
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