In Louisiana, some couples may choose to use mediation to bring their marriage to an end. Mediated divorces are completed out of court and are often less stressful than litigated divorces because mediated divorces are driven by the parties, not judges in a courtroom. Courtrooms are adverserial, designed on the premise that two legal sides will fight to resolve their problems, resulting in a win/lose situation. In a mediation, the parties may collaboratively settle child custody matters, alimony, community property division, and other considerations that arise to achieve compromise.
In a mediated divorce, the parties work with a third party mediator to work out their preferences and needs regarding custody, finances and property. The role of a mediator is to guide the parties through the negotiation process. The mediator does not represent one side or the other, but acts in a neutral capacity. A mediator can suggest options to the parties and their attorneys, but ultimately the parties must propose and settle on a mutually agreeable resolution.
Mediation help the divorce process reach resolution before going to court saving the client time, money and unnecessary stress so that they can move on with their lives.
Some of the issues our mediation panelists are equipped to handle include:
- Allocation of Debt and Assets
- Spousal and Child Support
- Breach of Fiduciary Duty Claims
- Valuation and Disposition of Family-Owned Businesses
- Marriage and Domestic Partner Dissolution
- Validity of Pre- or Post-Nuptial Agreements
- Capacity Issues
- Child Custody and Parenting Coordination
- Characterization of Property
- Attorneys’ Fees and Costs