Mediation in Oklahoma divorce can be helpful to all parties.
Like all litigation, Tulsa, Oklahoma divorce cases often have contested issues that must be settled, mediated, or litigated at a hearing or trial. Child custody, child and spousal support, and the division of marital property are all issues that may be subject to settlement negotiations or mediation.
Here is what you might want to know about settlement and mediation in Oklahoma divorce.
Settlement in Tulsa Divorce
Settlement of all the issues in a Tulsa divorce is a must in order for a divorce to be granted.
The question is not will the issues be settled, but who will do the deciding. If you and your spouse can settle matters, you have much more control over the divorce than if a judge rules on the issues.
Settlement negotiations between the spouses in one of the tools used to resolve matters. However, it is often difficult for spouses to engage in settlement negotiations themselves. Emotions run high in a divorce. Therefore, it is best to have your attorney handle the negotiations.
Your attorney can meet with your spouse or their attorney to discuss the issues and see if resolution of some or all of them is possible. The give and take involved in a settlement often means that neither spouse gets their way completely. But for each issue resolved early in the process, you will spend less time and money litigating it later.
If you and your spouse are unable to resolve issues, they must be taken to the judge to resolve. Hearings and trials require attorney preparation and appearances, which can be costly.
Settlement negotiations often occur during or immediately after the exchange of information between spouses. This may occur as a result of the court’s temporary orders after filing for divorce or as a result of the discovery process. At that point, both spouses usually have enough information to engage in settlement negotiations.
Mediation in Oklahoma Divorce
Mediation is a tool that can be very helpful in resolving outstanding issues, reducing the time involved in the divorce, and reducing overall attorneys’ fees and costs.
In mediation, the two sides choose the mediator they would like to use. A divorce mediator knows the law and issues involved in divorce quite well.
A mediator does not decide who is right and wrong in a case. In that way, mediation differs from arbitration or a trial.
Instead, a mediator is experienced at bringing two sides together to resolve their issues. In that way, mediation resembles a more structured approach to settlement.
Mediation works well when the parties are not entrenched in their positions. Sometimes, spouses are not too far apart in terms of their positions, but unable to come to an agreement regarding them. Mediation can help.
Prior to mediation, enough discovery and information exchange must take place in order for the spouses to make informed decisions regarding their positions on issues at mediation. Your attorney will prepare a mediation brief and attend the mediation with you. Your attorney can help you discuss your issues with the mediator and can track settlement offers and responses regarding the matters at issue.
Every issue that you and your spouse can agree upon will save you time and money. Bring your questions and concerns to an experienced Tulsa family law attorney today.
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