How divorce mediation works in Kentucky
Many people believe that divorcing couples who disagree about important issues have no choice but to face a bitter struggle in court. Mediation can offer a welcome alternative to litigation for many couples.
Mediation can provide several benefits that help couples achieve sucessful resolutions. While this process works for many, certain factors can make mediation difficult or even counterproductive for some. An attorney with experience in collaborative law can help you clarify if and how mediation can help you.
The role of mediators
Mediators acts as neutral facilitators who assist divorcing spouses in communicating about their positions and finding ways to compromise. They can focus the discussion, redirect unproductive lines of conversation and suggest solutions. They may not, however, give legal advice or favor one party. They also lack the power to order parties to enter into an agreement, to produce evidence or to take any other action. Mediators do not have to be attorneys or receive special training, although you may prefer to select someone with a good understanding of the relevant law and of dispute resolution techniques. The Kentucky court system maintains a list of qualified mediators who have completed recommended training.
During mediation, the parties may sit together or in separate rooms. Each spouse may have an attorney present, which is generally a good idea, as your lawyer can provide important legal advice and serve as an advocate for you.
The benefits of mediation often include lower costs and a quicker timeline than litigating the issues. Many people also find the collaborative approach less stressful than the antagonism of a court battle. Reducing anger and emotions can help spouses focus on constructive solutions. Unlike a court case, mediation is also confidential, except in cases where the mediator must legally report abuse or neglect allegations.
Is mediation right for you?
Some couples, however, are unable to compromise at all and need to get a decision from a judge. Some other cases where mediation may not work include those involving abuse or a lack of good faith. Each case is different. A qualified attorney can understand your circumstances and recommend the best course of action for you.