Omaha Divorce Mediation Attorneys

What is Divorce Mediation?

Divorce mediation is an alternative dispute resolution method that can help couples in Nebraska arrange a divorce more cost-effectively, quickly, and with more privacy than with litigation.

In particular, it is a powerful resource to help spouses move beyond an impasse or deadlock.

With mediation, you and your spouse hire a trained, independent mediator to assist you in reaching an agreement about undecided or disputed aspects of your divorce. The mediator (who may or may not be an attorney) acts as a facilitator and has no bias towards either party.

What Does a Divorce Mediator Do?

A mediator holds no decision-making power. His or her role is to guide parties away from the need for litigation and to reach an agreeable settlement on the terms of separation. The mediator does this by facilitating communications, enabling divorcing parties to make voluntary, informed choices and find a mutually acceptable resolution.

Upon agreement, the mediator prepares all documents required to finalize the divorce and can assist in filing the papers with the court.

Despite what some family law firms may say, litigation should be seen as a last resort when it comes to divorce. It is usually not in your interests if a cheaper, quicker, mediated solution is possible.

Litigation is highly adversarial by nature and, besides the expense and time, it means you no longer have any say in the final decision.

A court trial is also a public affair whereas mediation retains confidentiality and keeps your affairs out of the public eye. If you have children from your marriage, especially, this option can be a great relief if it avoids having to appear in court.

Is Mediation Right for Your Case?

Mediation is not a good fit for couples that have a high degree of conflict or who cannot communicate. The parties must be able to communicate and cooperate to some degree because as you will see below, you will need to attend your initial consultation together. Mediation is also not appropriate for cases involving domestic violence or other abusive situations. For most other cases, divorce mediation should at least be explored as a first option in your divorce.

The Advantages and Pitfalls of Mediation

• More expensive or less expensive? If you participate in a successful mediation, you will undoubtedly save money over a litigated, or contested divorce. However, if you participate in a lengthy mediation and fail to reach an agreement, then end up going to court, you have essentially “lost” all of the fees you spent on mediation.
• A much quicker process. A successful mediation will save you a lot of time and a lot of fees over other types of divorce. It often takes many months to finalize a divorce. Our firm has completed many mediated divorces within 30 days.

Are mediated agreements binding in court?

Providing you hire a trained and professional mediator who understands how to create separation/divorce agreement documentation according to Nebraska law, your agreement will be legally binding.

A mediator from Nebraska Legal Group will prepare a full written record of the solutions that you and your partner have agreed upon and this will serve as a legally binding contract between you.

It is generally advisable to make divorce agreements orders of the court, which your attorney or mediator can help you with.

Why Is It So Hard To Find a Good Divorce Mediator?

Successful divorce mediation requires a lot of different skills. First, obviously, is an ability to mediate issues for the parties. This is not something that is taught in law school. Divorce attorneys who provide mediation often undergo many hours of mediation training after law school and have worked hard to develop these skills and to avoid the traps that can sometimes sink the chances of a successful resolution. A great mediator will also understand all aspects of the law that applies to each case. And the very best mediators will provide creative solutions to help the parties reach an agreement. Finally, mediation is less lucrative for attorneys than litigation, so many lawyers and family law firms are not willing to thoroughly develop this area of their practices.