Divorce Mediation In Portland, OR
Is an amicable divorce possible?
The general answer is yes, an amicable divorce is possible. However, a divorce is stressful, no matter the reason the relationship has run its course, or how amicable the split might be and the process through which you resolve your divorce is a really important decision affecting how much money you spend on professionals and how long things take.
Divorce requires, at a minimum, a lifestyle transition, administrative work related to filing paperwork with the court, and any fees associated with filing paperwork. And that is about as simple as it gets.
More often than not, there are important decisions that need to be made, primarily in the realm of dividing assets. Typically, a division of assets will focus on those items accrued during the relationship, including tangible items like real estate, cars, bank accounts, pension or retirement plans, 401(k)s and IRAs, life insurance, debt, and all income, bonuses, commissions, and even valuable memberships (e.g. to country clubs). The Court’s goal is to divide these assets in a manner that is just and equitable, which is not necessarily the same as equally.
Perhaps even more importantly, there are critical decisions that must be made if there are children under the age of 18; these decisions are related to custody, child support, and the overarching parenting plan.
Even with the most cordial of divorces, making decisions about the above can increase stress, heighten emotions, and cause a great deal of difficulty for all parties involved.
What is divorce mediation?
One way of attempting to overcome some of these stressors? Mediation.
Mediation is designed for parties involved in family law cases to find consensus on certain aspects of the case, and sometimes consensus on the entirety of the dispute. You do this with the help of an experienced and trained neutral facilitator called a mediator.
Oftentimes, a case that goes through mediation might not even have to go before a judge for a decision, or just certain aspects of the case need to be solved in litigation.
The family court system in Oregon highly encourages and often requires mediation to settle disputes, especially those cases that involve children. When parents are able to settle their disputes in the mediation process, it not only gives them more control over the outcomes of the terms, but it also lays a solid foundation for a more cooperative co-parenting relationship in the long-term.
How does divorce mediation work?
The process for divorce mediation will depend upon the complexity of your case, whether you have an attorney or not who will be attending with you, whether you hire a private mediator or go through court annexed mediation.
It will also depend on where you live in Oregon. Oregon law states that all parents going through divorce who have children or unmarried parents who have a custody dispute must attempt mediation before going into litigation. In some counties, mediation is also required for cases only involving spousal support or a property division.
There are exceptions, of course, particularly in those cases where there is evidence of domestic abuse.
Mediation is designed so that a neutral mediator, who is without bias, facilitates an informed resolution that is equitable for both parties, terms that support what is best for any children involved.
Mediation can take place with a privately hired mediator or a mediator provided by the mediation program of the county in which the case is filed. The mediator in any context will keep the conversations respectful, constructive, and focused on finding resolution.
Sometimes, a mediator will meet with each participant separately before holding any group meetings. Other times, only group meetings will be held. The number of meetings needed will depend on the complexity of the divorce, as well as how productive each conversation is.
If you’re able to come to a resolution on portions or the entirety of the dispute, then the mediator will have you sign paperwork outlining the terms before they’re filed with the court.
Should the mediation process prove unproductive, or if there are factors of the case that must be decided by the court, then the case will move to litigation. Don’t be concerned about details of the mediation process being used in court. Conversations held during mediation are considered confidential. Mediators are restricted from testifying in court, and are not allowed to represent either party as their legal counsel in a divorce.
Who can be a mediator?
Oregon sets a high standard for mediator training, including metrics related to educational requirements so that you can get the level of support you need as you go through your divorce. Some of us at DBMA Family Law, are trained and experienced in mediation.
We encourage our clients going through divorce or a child custody dispute to strongly consider mediation, if possible. This approach can be less stressful, less costly, require less of your time, and, in the long run, be a positive experience for any children involved.
Ready to learn more about mediation from family law attorneys who are dedicated to delivering you the best possible resolution? Contact DBMA Family Law today to see what’s best for your unique situation!