Des Moines, Iowa Divorce Mediation Lawyers in Polk County

Divorce Mediation In Des Moines, Iowa in Polk County

Often in Des Moines, Iowa divorce cases, couples take matters to court to seek a resolution. Each party has its own lawyer. With each day, the arguing and back and forth carry on. The lawyers continue to spend time of the matter, and the stress levels of the individuals involved continue to rise. In many situations, the resentment also increases. The individuals then ultimately end up putting their future, and that of their children, in a judge’s hands.

In many scenarios, there are additional options for people to consider. One option that many choose to consider is mediation. In mediation, the parties attempt to reach an amicable settlement outside of court. While mediation may be a great choice, it is crucial to remember that mediation cannot force the parties to settle.

What Is Divorce and Family Law Mediation?

In mediation, the divorcing couple sits together with a neutral mediator. Unlike collaborative divorce cases, there is usually no attorney there with them during the mediation sessions. A mediator tries to aid discussions between the couple to achieve an agreement. In many situations, multiple sessions as part of an in-depth process are needed for parties to reach an agreement privately outside of court.

If the parties can reach an agreement, the mediator usually puts this agreement in writing. The couple then hires separate legal representation to file settlement paperwork in court and obtain the approval of a judge. The fact is that mediators are not able to divorce parties. They also cannot submit the settlement paperwork in court to get it approved by the judge. A judge also has the authority to accept or reject a settlement agreement if they find it unconscionable.

There is also voluntary and court-ordered mediation. Parties must understand the difference. In voluntary mediation, the parties choose willingly to go to mediation. They also agree on the mediator they are using. In court-ordered mediation, the court is in charge of choosing the mediator for the parties.

The list of issues that can often be addressed in mediation include:

• Marital property and debt division;
• Child custody, visitation, parenting time, and allocation of parental responsibilities;
• Child support and other expenses for the children;
• Spousal support (a/k/a maintenance or alimony);
• Tax-related issues; and
• Payment of attorneys’ fees.

In some circumstances, the parties may be able to agree on issues that are being disputed in mediation. In other situations, the parties might be unable to agree. There are also situations where some issues are resolved in mediation, but other issues of dispute remain unsettled. In this scenario, the court will still be required to decide those matters.

What is The Difference Between Court-Mediation and Voluntary Mediation in Des Moines, Iowa?

Court mediation means that the divorce or family law matter has already been filed in court. Thereafter, the court enters an order which requires the opposing parties to enter mediation. Usually, the court order will select the given mediator.

The mediation order can outline how the costs will be allocated and set the minimum duration of time that the opposing parties must pursue mediation efforts.

Voluntary mediation usually occurs prior to the family law case and/or before the divorce has been officially filed. The opposing parties are navigating towards agreeing and then can hire a mediator of their choosing. The opposing parties also typically decide on how the payments will be taken care of and they can also take part in sessions for however long they desire.

With both approaches, the outcomes and successes can vary. In a lot of situations, however, mediation can lead to a more favorable outcome in the opinion of many when mediation is voluntary and the parties both are interested and put forth good faith efforts. When mediation takes place before the litigation is filed, it can also lead to reduced tensions that can help with furthering the spirit of the settlement.

What Does Divorce Mediation Cost in Des Moines, Iowa in Polk County?

Because mediation‘s goal is to get rid of prolonged courtroom litigation, it can often be a more cost-effective option than traditional divorce proceedings for many divorcing couples. But this is not always the case in every situation. It is based on the number of sessions that are required for an agreement to be reached. Some cases can settle quickly. Other parties might need many sessions to reach an agreement. In some situations, the couple might try mediation and be unable to achieve a mutual agreement.

Since any agreement that is approved by the court is legally binding, it is still wise to have legal representation on your side to help ensure that your interests remain protected throughout the process of your matter. It is also imperative to know the pros and cons of entering into any settlement. The fact is that a mediator does not represent either party and cannot offer legal advice, nor can they present a settlement agreement in court.

Schedule an Initial Consultation to Learn More About Alternatives to Traditional Divorce in Des Moines, Iowa in Polk County and Nearby

Are you seeking to hire a caring and caring family law attorney in Des Moines, IA to help you with your divorce mediation? If so, schedule a confidential appointment with one of our attorneys by contacting us online.