Experienced family law attorneys in St. Charles can alleviate stress and improve the resolution process of domestic disputes. Learn how a mediation-oriented family law attorney can assist you through the difficult divorce process. You do not have to go through this alone. Family law attorneys are here to help.
Understanding Missouri Family Law Mediation
Mediation is a type of dispute resolution that uses a neutral third party, known as a mediator, to help parties come to a mutually agreeable solution to their disagreements. This approach enables both parties to communicate and share their interests and concerns. In Missouri, it is required to participate in family law mediation for child custody and visitation cases. However, individuals can voluntarily participate in mediation for other family law disputes, such as divorce, property division, spousal support, and parenting plans.
If you're having trouble with a conflict in St. Charles, a family law attorney with mediation experience can be helpful. They can facilitate the conversation and help identify issues between the parties. Unlike court proceedings, which can sometimes be adversarial and negatively impact relationships, mediation aims to create a collaborative environment where all parties have equal control over how the outcome will be crafted.
Missouri law prohibits mediators from providing legal advice or acting as an attorney for either party involved in a dispute. However, lawyers can participate in mediation sessions if they are present solely in an advisory capacity.
Imagine a scenario where two parents are in a custody battle for their children and cannot agree on who should have primary physical custody. If they were to follow the traditional court process, both parents would most likely hire lawyers to represent their stances. Then, they would present evidence to the court to support their claim for why they should have primary physical custody. Ultimately, a judge would have the final say in the matter.
If the parents opt for mediation instead, they can meet with an impartial mediator who can assist them in finding unique solutions that benefit everyone involved. This way, the parents can collaborate and develop customized solutions that cater to their specific requirements, which cannot be obtained by relying on a judge's decision.
Traditional Court Processes Versus Mediation
Typically, court proceedings involve a confrontational process where both parties present their arguments to a judge who makes the final decision. However, this process can be costly, time-consuming, and often result in unfavorable court rulings. Mediation differs from court proceedings as it provides a collaborative environment for parties to work with a neutral mediator to find mutually acceptable solutions. Unlike court proceedings that involve multiple trips to the courthouse between attorneys and parties, mediation usually takes place in a single setting and provides more flexibility.
According to research by the National Center for State Courts, family law cases that went through mediation reached a settlement much quicker than cases that followed traditional court proceedings. Additionally, those who participated in the mediation process were more content with the outcomes than those who opted for conventional litigation.
Mediation can be empowering because it allows parties to create customized solutions rather than having decisions made by judges who only know the case through briefs and witness statements. In mediation sessions, the focus is on collaborating and finding mutually beneficial solutions for all parties involved. This can result in more unique and effective solutions tailored to families needs.
It's essential to recognize that mediation may not be suitable or practical for everyone in certain situations. For instance, if a party has a record of domestic violence or intimidation towards the other party, engaging in a face-to-face conversation may not be secure or practical. Furthermore, suppose the parties are incapable or hesitant to participate actively in negotiations or problem-solving talks during mediation. In that case, conventional court procedures may be required.
Lecour Family Law's Approach to Mediation
At Lecour Family Law, we believe mediation is essential for resolving family law disputes. We approach family law mediation with a client-centered approach, meaning we tailor our approach to the individual circumstances of each case and listen to our clients every step of the way.
Our process begins with a free initial consultation. During this meeting, our experienced family law attorneys will take the time to understand your unique situation and explain how mediation could benefit you. We will also answer any questions about the process and discuss fees and costs.
Once you decide to proceed with mediation, we will develop a customized plan that outlines the issues to be discussed and identifies achievable goals. This plan is developed after discussions with both parties involved in the dispute.
In mediation sessions, we act as neutral mediators, facilitating communication between both parties. We aim to create a safe environment where both parties can openly share their perspectives without fear of judgment or retribution.
Throughout the process, we remain committed to ensuring that both parties reach a mutually beneficial resolution. Our team works collaboratively with everyone involved, ensuring everyone has a voice in decision-making.
Thanks to our personalized approach, Lecour Family Law has successfully assisted numerous clients in resolving family disputes and reaching amicable agreements without lengthy court proceedings.