When Pennsylvania spouses decide to divorce, they can choose which process they wish to facilitate to accomplish their goals. In situations where one of the spouses wishes to contest the divorce, or a couple is facing property division or custody problems they can’t resolve on their own, they may determine that litigation is necessary. However, many people are able to use the mediation process to negotiate settlements without going to court.
Mediation is not only used in divorce but business as well. While the process is basically the same on both fronts, the issues being negotiated would obviously differ. When a couple wants to simplify the divorce process by using mediation, there are several things they should know ahead of time.
The first is that each spouse will likely be required to retain legal representation. There will also be a neutral third party present at all meetings. His or her job will be to act as a facilitator of the sessions, making sure rules are being followed and that everyone is moving toward amicable solutions, as planned. During mediation, each party is given the opportunity to bring matters of concern to light.
If, at any point during the process, it is determined that mediation is not working, litigation may then be pursued. If spouses can successfully resolve their divorce-related issues in mediation, they will write out and sign the terms of their agreement, then seek the court’s approval. An experienced Pennsylvania family law attorney can help overcome any obstacles that arise along the way.