Settling the issues involved in a divorce is rarely easy, but there are some paths that are less difficult than others, and serve to better set up the spouses to move on to the next chapter of their lives. Mediation, the process of working with a third party to find a mutually acceptable agreement on issues of property division, child custody, child support, and spousal support, may be the best means of resolution.
At ABQ Facilitation, our Albuquerque mediation lawyer has over 27 years of experience helping couples work through the difficult issues that are involved in a divorce settlement. Clients who come to us get the combination of a sharp legal mind and a soft compassionate heart. We’re not here to judge either side, only to help bring this chapter of our clients’ lives to a peaceful resolution.
Also serving Ruidoso, Las Cruces, Sandoval County, Valencia County, & Torrance County.
The advantages of mediation are such that New Mexico law require couples to use this settlement facilitation process before going to court. And the biggest of those advantages is control.
In mediation, the spouses retain veto power over any settlement proposal they cannot accept. This is a power that is lost if a dispute goes to court, or even to arbitration.
Furthermore, the control the spouses have extends to the scheduling of the mediation sessions. A spouse that has a busy schedule that may include both work and getting kids to and from school and other activities, will likely appreciate being able to work with the mediator on a day that works best for them. That flexibility is gone when a case goes to court.
Mediation also typically costs less than going to court. While every case is different, and the lower costs do presume a settlement being reached, mediation involves fewer hours and less investigative work on the part of the lawyer. All of which is to the benefit of the client.
Control and cost are significant benefits in of themselves, but there’s also one more. When couples are able to work with a mediator to resolve their differences it can bring this period of their life to a healthy end, and thereby get the next chapter off on the right foot. This is particularly true in situations where the spouse will still need to interact with each other, such as in the raising of children.
While there are no true disadvantages to the process of a third party helping people work out their differences, there are some situations where it may simply be unworkable. A prime example would be a marriage that is ending because domestic violence was involved.
Certainly, the victimized spouse, would not be expected to sit in a mediating session with the person who abused them. More broadly speaking, the success of mediation is predicated on the spouses being able to communicate with each other in a professional manner, even if only through their attorneys.
Attorney Michelle Cortez has spent over 27 years helping couples resolve the disputes that arise in a divorce proceeding. Each case she has worked brings new insights into problem-solving—what works, and what doesn’t. She leverages that experience in her role as a mediator, to help couples achieve the settlement they need. She founded ABQ Facilitation precisely so spouses, who may be going through some personal pain, would have a place to turn for reliable solutions.