Charlottesville Divorce Mediation Attorney

Divorce involves many legal steps and discussions about how to move forward after the end of the relationship, but it doesn’t have to be an adversarial process. If both parties are willing, divorce mediation provides a way to settle the divorce through agreed-upon terms, which can help make it a more positive experience and facilitate a better co-parenting relationship in the months and years afterward.

If you have questions about the divorce process in Virginia or whether you could benefit from mediation, contact the Seiden Legal Group, PLLC. An attorney can discuss your family’s situation and needs and help you determine a path forward.

Divorce mediation is a collaborative process in which the couple sits down with their attorneys and a trained mediator, a neutral third party. The mediator’s job is to help facilitate a productive discussion during the mediation process so that the parties can come to an agreement on some or all of the divorce terms. You will have the opportunity to consult with your attorney privately throughout the process to ensure that you understand your rights and what you’re entitled to under Virginia law.

If the mediation attempt is successful, the attorneys create a separation agreement that reflects the terms, and this is filed with the courts.

As an alternative dispute resolution method, mediation has several benefits:

A less adversarial process. Ending a marriage is an emotional time, and a court battle can make it even more challenging to move forward. Mediation can make it easier to keep a more positive — or even neutral — outlook and recover more quickly after the divorce is finalized.

A faster resolution for your divorce case. The mediation process is often much faster than it would take to settle the divorce through the court system and a trial.

More control over the divorce terms. When the parties can’t agree on something, such as child custody, the judge ends up making the final decision. The more you can decide during mediation, the more control you will have over what happens with your assets and family.

Some states do require couples to participate in mediation before their case can move forward to a trial in the courts, but Virginia is not one of them. While attempting mediation isn’t expressly required for divorcing couples in the state, the judge still has the power to order the parties to go to mediation. If this happens in your case, you must comply with that order.

Mediation is a valuable tool, but it’s not always successful. If the parties aren’t able to come to an agreement about any of the divorce terms, such as the equitable distribution of the assets or child custody, the case will proceed to trial. If, at any point, you believe that you may be able to come to an agreement with your ex, it’s possible to try mediation again. People’s perspectives often change as the divorce case progresses, and it’s frequently feasible to come to a resolution on the second or third mediation attempt.

At Seiden Legal Group, PLLC, we focus on each client’s goals, offering a tailored approach to divorce. We understand that mediation may not be the answer in all cases, and we’re also prepared to litigate your case if necessary. Call our office today to speak to an attorney about your options.