Divorce Mediation Services
Last updated on July 11, 2024
Resolving a divorce and other family law matters through the traditional litigation path can be highly stressful for the parties involved and lead to unsatisfying results. While necessary in some cases, litigation is not the only option. People turn to mediation to help them settle their divorce because of all the advantages it provides – greater control over the process, privacy, a sense of ownership over the settlement and significant savings of time and money.
Bowen Ten Long & Bal, PC, provides mediation services to people throughout the Richmond, Virginia, area. Contact us to learn how we can help mediate your family law dispute.
Available Types Of Family Law Mediation
There are four ways that your case can get into family law mediation:
- A married couple with a pending divorce case in Circuit Court may attend a free “judicial settlement conference” before a retired judge. But this is typically after both sides have completed discovery, which is a very timely and expensive process.
- Married couples with a pending divorce case in Circuit Court may pay for private mediation services from retired judges, who often charge many hundreds of dollars per hour. This is typically after both sides have completed discovery and is usually the path taken in wealthy marriages where numerous assets are involved.
- Married or non-married parents can be ordered to attend a free mediation for only child custody, visitation or child support disputes by a juvenile and domestic relations court judge. But that is only if petitions for custody, visitation and child support have been filed in a juvenile and domestic relations court.
- Married or non-married parents may attend private, voluntary family law mediation that is cost-effective and does not require filing for litigation first.
Choosing Private And Voluntary Family Law Mediation
We often assist individuals with the fourth option mentioned above. This allows a couple to forgo filing a lawsuit. Most couples do not need to spend thousands of dollars in mediator fees. This type of private mediation can be affordable and effective in helping you and your spouse come to an agreement on such issues as:
- Child custody and visitation
- Child support, spousal support
- Division of assets and debts (equitable distribution)
- Other divorce-related matters
Should you choose this option, our certified mediator Elizabeth Smyers will meet with both of you together, usually twice, and discuss all the issues at stake. The fact that she is a certified mediator is important. Anyone can call themselves a mediator in Virginia, but becoming a certified mediator requires completing the rigorous certification process. For Juvenile and Domestic Relations District Court (J&DR) certification, this process entails 20 hours of basic mediation training plus 20 hours of family mediation training, in addition to other training courses and mentorship requirements. Certification is a stamp of confidence from Virginia’s judicial system.
After helping you work out an agreement, a property settlement agreement (PSA) is drafted. While we will educate you on the laws, a neutral mediator cannot provide legal advice to you individually. This means that you each will need to have your own attorney review the PSA and how it affects you individually.
This type of mediation can take much less time than litigation-based negotiation and a potential trial, saving you considerable time and money. It can also help you and your ex set aside your negative emotions and work constructively toward a fair and reasonable settlement that both of you can live with.
Acting As Your Lawyer During A Mediation
Our family law and divorce attorneys also provide legal advice during the mediation process, acting as your legal counsel to help you get what you need out of the negotiation process. This is different from acting as your mediator.
Mediation in divorce works best when both parties bring an open mind to the settlement process. When parties are willing to compromise, settlement is possible. The most successful mediations are those where all issues between the parties are resolved and there is nothing left to argue over in court. However, a mediation that does not decide every issue can still be considered a great success. We find that judges are pleased when we can work out issues on our own and just bring the disputed issues before the court.
Even as we prepare for litigation, we continue to look for settlement opportunities. We want to help our clients get the best solution for their families. If we can do that and avoid a trial, all involved are usually better off. Our experience and deep understanding of mediation can help you get through your divorce as quickly and easily as possible, while also protecting your property and parental rights.
Call Us Today To Learn More
If you would like additional information about divorce mediation, call our firm today at 804-767-6850. We are also available via email by using our contact page.