In a recent interview, Francis King, founder of the Law Offices of Francis King, in Nashville, TN, has just revealed why mediation is a serious option when thinking about divorce. —
For more information please visit http://franciskinglaw.com
When asked to comment, King said, “Most couples considering divorce assume that the process is going to be both lengthy and expensive. However, mediation can shorten the process and reduce the cost substantially. In Tennessee, the law requires parties to attempt to settle their divorce case before going to trial before a judge. King also added that in his experience, mediation is successful more than 80% of the time.”
At mediation, the parties and their attorneys work with a third attorney, specifically trained to work in the role of mediator, in an attempt to negotiate a settlement.
“The entire process is private and confidential,” says King.
“You and your lawyer will be in one conference room. Your spouse and the mediator will be in another. You won’t see them, and they won’t see you. The mediator will go back and forth between the rooms, trying to help the parties reach an acceptable compromise. If the case doesn’t settle, nothing said or done at mediation can be used in court.”
The question is at what point in the divorce process should mediation be attempted?
According to King, “The sooner you can get to mediation, the better. Of course, before you can do so, you have to make sure you have enough information about your case to allow for intelligent decision making. For that reason, it’s usually best to complete formal written discovery first, but, in some cases, a more informal exchange of information may suffice.”
So what about preparing for mediation?
“Preparation is very important,” says King.
“Each side will have an opportunity to provide the mediator with a pre-meeting, confidential, position statement, which will help the mediator understand the issues and the parties’ respective views about a potential settlement.”
In King’s opinion, lawyers often fail to provide a good, strong, informative pre-mediation statement for the mediator to review.
This can be a big impediment to a successful mediation…. “and it can hurt your side if the other lawyer has presented a comprehensive pre-mediation statement, but yours has not,” he said.
According to King, most divorce cases do settle eventually.
When asked to comment he said, “I like trying cases, and being in the courtroom. But, it’s not good for clients, financially or emotionally. And, in the vast majority of cases, it shouldn’t be necessary. When rational heads prevail, cases get settled. Mediation provides an excellent opportunity for that to happen.”
Name: Francis King
Email: Send Email
Organization: Law Offices of Francis King
Address: Law Offices of Francis King 4235 Hillsboro Pike #300 Nashville, TN 37215 USA
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Release ID: 398408