Parties in divorce and parenting actions are frequently at odds over child custody, child support, alimony, and property division. In New Hampshire, mediation can be an effective way to amicably resolve these issues.
What is Mediation?
Mediation is a type of ADR, or Alternative Dispute Resolution. In NH, mediation is conducted by a mediator, who is a person skilled at resolving family law, divorce, child custody, child support, alimony and property division issues.
“Mediation works only if the parties can compromise on disputed child custody, child support, alimony, and property division issues.”
The mediator schedules a mediation session with the parties and their attorneys or lawyers.
The mediation session usually lasts five hours and is held at either the family division courthouse, or the office of one of the lawyers or attorneys.
During the mediation session, the mediator explains that his/her role is to facilitate a settlement between the parties. The mediator will not impose a solution on the parties. The mediator then works with both parties to come to a mutual agreement.
If an agreement can be reached, the attorneys or lawyers draft an agreement and submit it to the family division court for approval.
When does Mediation occur?
Mediation usually occurs soon after a divorce petition or parenting petition is filed with the family division court. The family division court frequently orders the parties and their lawyers or attorneys to attend mediation.
The parties and their attorneys or lawyers can also agree to mediate prior to a divorce petition or parenting petition being filed with the family division court. This is a best practice and more likely than court ordered mediation to amicably resolve child custody, child support, alimony, and property division issues.
Does Mediation Work?
Mediation works only if the parties can voluntarily compromise on disputed child custody, child support, alimony, and property division issues. It is also best to participate with your lawyer or attorney so that he or she can explain your important legal rights under New Hampshire law and help guide you through the negotiation.
Contact Todd Stevens and the lawyers or attorneys at the T.W. Stevens Law Firm for help with the mediation process. We regularly help New Hampshire clients achieve the best possible results in mediation.