Is divorce mediation required in a Louisville divorce case? Technically speaking, if the parties are in complete agreement on every aspect of the settlement agreement it can be submitted as an uncontested divorce for review and approval of the Court without the need for mediation. While mediation is not an absolute requirement of divorce in Louisville, the likelihood that most cases will experience some form of mediation remains.
This is due to a simple fact: A divorce cannot be completed until every aspect of the divorce is resolved including but not limited to:
- Marital Property Division including the division of a business or professional practice
- Child Custody and Visitation
- Child Support and Maintenance
When is divorce mediation required in a Louisville divorce? If the parties are not able to resolve all issues associated with child custody and visitation the Court (based upon our local rules) may require the former spouses to undergo mediation prior to any trial on the matter. There is simply a significant back-log of cases in our Family Courts and many of these disputes are able to resolved through the mediation process.
Mediation is a confidential and private legal venue. The old axiom “what happens in mediation stays in mediation” applies. Any information provided during mediations, offers extended or conversations are not only kept out of the public record, they may not be referenced (per se) if the case goes to trial. While there are many ways to introduce evidence during a trial phase of a divorce the fact that a document, offer or communication was offered during mediation does not make it an official part of the public record of your divorce. This is designed to help the parties to reach a negotiated settlement with the guidance of an expert and independent third party in a safe and conducive environment.
Is divorce mediation required in a Louisville divorce case? Not specifically, unless the parties require the Court to decide child custody and/or visitation issues or other matters in dispute. However, mediation is a valuable, cost-effective and timely tool for many who are going through the process of a divorce. It is also important to keep in mind that many studies have shown the parties are much more likely to abide by agreements achieved through mediation than orders issued by the Court during a trial. This has an impact on the likelihood of expensive, emotionally challenging and time consuming post-decree litigation.
If you have questions about mediation or any issues involving divorce or family law we invite you to review the strong recommendations of our former clients and contact us or call 502-584-1108 to schedule an appointment with one of our experienced divorce and family law attorneys.
