This is the next post in my series on the process one will face in a Las Vegas, Nevada divorce case. My last article discussed what to expect during a divorce trial. It is important to understand that trials are complicated matters and the rules of evidence will be enforced by the Court. It is important that you have an experienced attorney assisting you. Counsel can help to ensure that your evidence is properly presented to the Court. In this article I will be discussing the possibility of resolving the case through mediation. If you or a loved one are in need of assistance then contact my office today to speak with a lawyer.
Mediation is a setting at which the parties meet in the presence of a neutral third-party known as a “mediator.” The mediator will go back and forth with the two parties and attempt to broker an agreement as to the different aspects of the case. If an agreement can be reached, then a settlement will be submitted to the Court and the case will be concluded. It is also possible that a partial settlement can be reached, meaning that some issues are resolved and some are not. If a partial settlement is reached then those aspects of the case will be concluded and the remaining issues will proceed to trial.
The parties may choose to attend a private mediation. If the parties have children then they may also choose to attend the Court’s mediation program. The Court’s program, however, only deals with child custody issues, meaning that the parties would still have to go to trial on all other issues of the case, including child support, property division, spousal support, and more. At a private mediation, the parties will typically sit in separate rooms with their attorneys. The mediator will go back and forth and attempt to bring each party down from their respective position so a mutual agreement can be reached. Depending on the number of issues in dispute, as well as the financial sums being discussed, mediation can sometimes last multiple days.
Mediation is more effective than one may initially think when it comes to reaching a settlement and resolving a case. Quite often, the parties are closer to an agreement than they may think and breakdowns in communication, due to the stress of the divorce, are preventing an open dialogue. It is a regular occurrence to see parties go to mediation, with cynicism over whether a deal can be struck, and to leave having settled the case with an acceptable outcome. While mediation is not always a way to conclude the case, it can be an effective tool in saving the parties many months worth of Court proceedings as well as extensive litigation bills.
If you are considering attending a private mediation then it is strongly suggested that you be accompanied by an experienced attorney. Counsel will help you to understand all of the ramifications of any possible settlement and will help to make sure that you are considering all of your options. As a Las Vegas divorce lawyer, I am experienced in attending mediation sessions with my clients. My office prides itself on providing a high level of service and we look forward to being of assistance. Contact us online or by telephone to schedule an initial consultation. We look forward to speaking with you.