Bentonville Divorce Mediation Lawyer

Mediation offers many Arkansas couples the opportunity to resolve divorce-related issues outside of a courtroom, with greater control over the outcome. Divorce mediation can streamline many cases, but it is still important to understand your legal rights before entering negotiations. A Bentonville divorce mediation lawyer may help you understand the mediation process before making important decisions regarding your family, finances, and future.

Experienced in Sophisticated Family Law Matters

Bundy has represented clients throughout Northwest Arkansas, Oklahoma, and Missouri in family law cases involving complex financial and parenting issues.

A number of our Bentonville family law attorneys have earned national recognition for their work, including fellowship in the American Academy of Matrimonial Lawyers, and Aaron Bundy is the region’s only fellow of the International Academy of Family Lawyers.* The firm’s extensive experience also includes interstate and international family law matters, business valuation disputes, and high-asset property division.

What To Expect During the Mediation Process

Mediation is a negotiation that is structured by a neutral third party, who facilitates conversations between spouses about issues that have arisen as a result of divorce. A mediator, who is not a judge, does not decide who is right or wrong and does not issue legally binding decisions.

Instead, the mediator helps both parties have more productive conversations and evaluates potential solutions. Although each case is different, mediation generally follows a similar structure:

• Each party provides financial information and identifies the issues that must be addressed.
• Sessions are scheduled during which the parties discuss property division, child custody, child support, spousal support, and parenting plans.
• Once a resolution has been reached on all the disputed issues, the parties’ agreement is drafted into a written settlement for final review before being submitted to the court for approval.

Arkansas has passed the Arkansas alternative dispute resolution laws to encourage alternative dispute resolution for appropriate family law cases. Once a settlement is reached, the divorce itself is still subject to state divorce, custody, support, and property division laws.

Divorce documents are generally filed with the court that may hear the family law case. For Bentonville area residents, the appropriate filing location is generally the Benton County Courthouse, 102 Northeast A Street, Bentonville, AR 72712.

Choosing a Mediator

In Arkansas, the divorce rate is 3.0 per 1,000 residents, according to the CDC, with many of these needing mediation. Cases including property division can be difficult to navigate.

The median property value of a single-family home in Bentonville is $428,500. This is a large amount of money, and its division could lead to conflict that mediation could help solve.

Part of the mediation process is selecting an appropriate mediator to assist with the divorce mediation case. Mediators are required to remain neutral in a divorce and do not advocate for either side. Still, their experience can play a role in how efficiently and effectively discussions are able to move forward.

Consider the mediator’s experience in family law and the types of divorce cases she or he has worked on in the past. Experience with high-asset divorces and working with parties who may have strongly differing views can help. Some mediators have particularly strong experience working on cases that involve significant financial matters.

The mediator’s approach to the process may also be important to understand prior to beginning mediation sessions. Some mediators prefer joint meetings in which both spouses remain together throughout the entire process, while others work with the parties separately.

Finally, because mediators do not offer legal advice, it can be helpful to make sure both spouses understand the distinction between the role of the mediator and the role of a divorce attorney. Spouses should know that the mediator is there to help with communication and that each party is responsible for the protection of his or her own legal rights throughout the process.

Hire a Divorce Mediation Lawyer

Mediation can help spouses find areas of cooperation, but does not substitute for independent legal advice. Clients who hire a divorce mediation lawyer benefit from having an advocate who can help explain divorce mediation laws in Arkansas. An attorney can help make sure a proposed agreement adequately addresses property division when it comes to business interests and other complex finances.

Legal advice can help clients consider the long-term implications of settlement agreements before they become a final divorce decree, avoiding costly financial or legal repercussions down the road. A Bentonville divorce mediation attorney can be helpful whether a mediation session produces a full settlement or simply moves the parties forward on specific issues.

FAQs

How Long Does Divorce Mediation Usually Take in Arkansas?

How long divorce mediation usually takes in Arkansas varies significantly. There is no set time limit on mediation.

The number of sessions required depends on several factors, including the nature and complexity of the issues in dispute, and the willingness of both spouses to negotiate. Some couples can settle all their issues in a single mediation session, while others may need several hours or days over the course of weeks or months.

Can Mediation Be Used After the Divorce Is Finalized?

Yes, mediation can be used after a divorce is finalized. Many couples choose to use mediation to resolve issues after a divorce. Things like addressing a disagreement on parenting schedules or holiday arrangements can be resolved with mediation. Mediation can provide a way to address these kinds of conflicts with less conflict and delay before asking a court to assist.

What Happens if One Spouse Refuses to Participate in Mediation?

If one spouse refuses to participate in mediation, or is unwilling to discuss the issues in a meaningful way, the mediation is likely to end without an agreement. Mediation usually requires that both spouses attend and participate in good faith. The remaining issues would need to be resolved through the traditional litigation process, with a judge making any decisions on issues the spouses could not agree on.

Can Mediation Address Debts as Well as Assets?

Yes, mediation can address debts as well as assets. When mediating, couples can work through not only their marital property but also issues like mortgages, credit card debt, personal loans, business debt, and other financial commitments. A complete settlement, which includes both assets and debts, addresses all important financial matters.

Talk to Bundy Today

Mediation is an option for divorcing couples who desire to resolve concerns amicably. Bundy can help you in this process. Contact us today to get started.

*Awards and recognition are not guarantees of future results. Selection criteria vary by organization.