Divorce Mediation in Alabama 

Huntsville law firm guides clients through alternative solution to litigation

Divorce mediation is a dispute resolution method by which a neutral third party helps spouses work through issues like property division, custody and support. It’s designed to encourage practical, solution-focused discussions. While mediation is generally voluntary in Alabama, courts can sometimes require it in a contested divorce case. At Amy A. Slayden Family Law P.C. in Huntsville, we help divorcing spouses understand what mediation involves and how it gives them more control over the outcome. 

What is divorce mediation? 

A neutral third-party, known as a mediator, helps spouses reach agreement on material issues of divorce, including property division, child custody, child support and spousal support. A mediator does not make decisions or give advice; rather, they guide the parties toward finding solutions between them. Although you need not be represented by an attorney, it makes sense to have one. Your attorney will help you decide on compromises and make sure that any agreement reached safeguards your interests. If the process should break down, your attorney will advise you on whether settlement may still be a possibility or if courtroom litigation is the most realistic option. 

What are the benefits of mediation versus litigation?

There are numerous benefits to mediated divorce. They include the following:

• It is private, keeping personal, financial and family issues from being aired in court. 
• It is generally less expensive and time-consuming than litigation. 
• It gives you and your spouse more control over making decisions, rather than leaving them to a judge.
• It encourages cooperative, which can be beneficial to relationships following divorce, especially if you have children you will be raising together. 

However, mediation is not appropriate in a relationship with a history of domestic abuse, where there are significant financial or power imbalances or where the spouses are unwilling to communicate and compromise. In such cases, litigating the issues in court is often the most viable option. 

How does divorce mediation work? 

Here is an overview of the divorce mediation process:

• You and your spouse must both agree to mediation and to the choice of mediator, as well as to how the mediator’s fees will be paid.
• You and your spouse meet with the mediator, usually separately from each other, to discuss any disputed issues and how a consensus might be reached. Your attorney may be present in the mediation sessions. 
• Once a consensus is reached, the mediator drafts a settlement agreement memorializing the terms. Your attorney and your spouse’s attorney will have input on the agreement and should review the final draft before signing. 
• The agreement is filed with the court. The judge will review it and, if approved, will grant the divorce once the state’s mandatory 30-day waiting period has passed. 

Mediation can be effective for many couples, but it nevertheless requires informed decision-making, in which the spouses benefit from skilled legal guidance. Our attorneys provide strategic analysis and support so our clients can be assured that the agreement reached is fair and protective of their rights. 

Contact an Alabama attorney to learn more about divorce mediation 

The attorneys at Amy A. Slayden Family Law P.C. in Huntsville advise spouses in all aspects of divorce in Alabama, including mediation. To schedule a consultation, call 256-529-4437 or contact us online.