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Spouses facing separation or divorce may understandably anticipate a protracted process. However, all too often, splitting couples are not aware that they have options to help them avoid an expensive and extended court battle.
If you and your spouse are considering ending your relationship and unsure of what to do next, you may benefit from working with a Beaufort mediation lawyer. A dedicated divorce attorney at Schiller & Hamilton could outline the benefits of mediating a case and help determine if it is a good option in you.
Understanding Family Law Mediation
Mediation is an alternative form of disagreement resolution that occurs outside of court. During this process, spouses meet with an objective third-party mediator to resolve the terms of their divorce or custody dispute. The mediator utilizes various collaborative techniques to guide the parties toward an amicable solution.
Parties, rather than a judge, control the outcome and can outline a settlement and resolve their legal matter on their own terms. A skilled attorney in Beaufort could further explain mediation and what someone can anticipate throughout the process.
Legal Matters to Address
Unlike contested litigation, parties in mediation are not restricted to the limited forms of relief offered in family court. Couples can discuss and resolve various issues during the process, including property division, allocation of debt, spousal support, child custody and support, and health and life insurance coverage.
This process allows parties to settle any issues arising out of their marital or parenting relationship. A capable legal team could ensure that all outstanding matters are addressed in the mediation process.
Benefits of Mediating a Family Law Case in Beaufort
Alternative dispute resolution like this offers numerous benefits to parents and spouses as they seek to resolve their case. Some of these include:
- Less costly than litigation
- Quicker resolutions than those offered in family court
- More flexibility in scheduling sessions
- Ensures full disclosure of financial circumstances prior to a final agreement
- Information and materials shared remains confidential and not subject to disclosure in a public courtroom
- Enables parties to structure their divorce or custody terms
- Ensures both spouse’s voices are heard
- Provides a less adversarial means of resolving disputes
A trusted attorney in Beaufort could further explain the advantages of choosing to mediate a family matter rather than choosing a contested litigation in court.
Is Mediation Required to End a Marriage?
The South Carolina Code of Laws §63-3-530(39) gives family court judges the authority to require parties to have their case mediated according to the state’s Family Court Mediation Rules. Additionally, a court can approve the parties’ consent order for the process as long as it does not violate state laws or local court procedures.
If a couple agrees to mediate, they must consent to the selection of a mediator subject to the court’s final approval. A knowledgeable attorney is familiar with the court-approved mediators in Beaufort and could help select a qualified arbiter based on the disputed issues.
Choose a Trusted Mediation Attorney in Beaufort Today
Mediating a case offers a safe, affordable way to avoid going to court to resolve divorce or custody matters. It provides parties the opportunity to control the outcome of their case and maintain a civil relationship for the benefit of their children.
If you have questions relating to this process, our capable legal team could answer them and guide you through this less combative process. If you want to know how a Beaufort mediation lawyer could help you, contact Schiller & Hamilton today.