Divorce can be one of the most emotionally and financially challenging events in a person’s life. Mediation offers divorcing couples the chance to resolve their differences outside of the courtroom.
In Kentucky, many divorce and custody cases are ultimately resolved via mediation. Typically, mediation occurs once there has been financial disclosure. Mediation allows both spouses to work together, with the help of a neutral mediator, and their attorneys, to reach an agreement that works for their family. Mediation is typically less adversarial than litigation, which means there is more room for open conversation and creative problem-solving.
In Kentucky, mediation is encouraged by the courts and can be ordered by a judge or requested by either party. The ten Judges in Jefferson County operate differently in the courtroom, but they all regularly refer cases to mediation. While the mediator is neutral and does not offer legal advice, each spouse can (and should) still have their own attorney involved. This helps ensure that any agreement reached is fair, legally sound, and in your best interest.
Many litigants find that mediation saves time and money compared to traditional divorce or custody proceedings. It can be especially beneficial when children are involved, because it promotes cooperation and can reduce the stress that prolonged conflict places on a family. It can set the tone for a successful coparenting relationship. Mediated agreements can cover everything from property division and debt allocation to parenting plans and support arrangements. Mediation allows for more personalization and creative problem solving because it focuses on the goals of the parties.
Mediation is not limited to just divorce. It can be used to negotiate temporary matters, parenting time, custodial decisions, and even prenuptial agreements. Some parties include a mediation clause in their marital settlement agreement which requires them to attend mediation for any post-decree conflicts before going back to court.
Of course, mediation is not right for everyone. If there is a history of domestic violence, mediation may not be appropriate. It is important to prepare for mediation with your attorney and discuss any concerns you might have about your voice being heard.
If you have questions about divorce mediation in Kentucky or want to discuss whether it is a good fit for your case, consider scheduling a consultation.