Tulsa family law strongly encourages Mediation in Tulsa Divorce. While no law expressly requires mediation local courts may have certain local rules. District courts require setting mediation prior to setting the case for trial.
The reasoning is that trials are costly and that mediation may reduce the cost. Additionally this reduces the number of cases set on the courts trial docket.
Mediation in Tulsa divorce allows the parties to attempt to resolve outstanding issues in a divorce or paternity action themselves. With mediation, at least the parties have some sort of control in the decision making process. If parties choose trial decision, regarding custody, visitation, child support, are left solely to the judge presiding over the case. The judge doesn’t have the advantage of knowing a detailed history of the parties in a domestic proceeding. Because of this its always beneficial for the parties to try an reach an agreement they are both happy with.
Mediation in Tulsa Divorce and The Mediators Role:
The mediator is most often another attorney with several years experience in Oklahoma family and domestic law. The parties are normally each responsible for 50% of the mediator’s fees. Mediation is a confidential proceeding that usually occurs at the mediators law office, meaning that what is said at mediation cannot be brought up at a trial nor may the mediator be subpoenaed to testify at trial. Parties often times sit in separate rooms with their respective attorneys. The mediator relays offers and opinions back and forth until a final agreement occurs or not.
If an agreement occurs, the mediator drafts up a settlement agreement. Whether or not this agreement is binding depends on the judge. Oklahoma case law determines that civil mediation settlement agreements are binding, but there is a special exception for divorce cases in that a judge is the only individual that may approve whether or not a division of property, assets and debts is fair and equitable. This is not to discourage anyone from the mediation process. Several judges do uphold and enforce mediation settlement agreements
Get a Free Consultation:
If you are facing a family law issues involving child custody or divorce we can help. Mediation in Tulsa divorce is important. In many cases it helps lower conflict and the cost of the divorce or family problem. Call today and talk with one of our divorce and family law attorneys.