Understanding Mediation in South Dakota
Mediation is a form of alternative dispute resolution that is increasingly being used in divorce cases in South Dakota. The process involves a mediator, who is a neutral third party, helping the divorcing couple reach an agreement on the terms of their divorce. Mediation is a collaborative process in which both parties work together to create mutually beneficial solutions, rather than entering into a contentious and potentially costly court battle.
Initiation of Mediation
In South Dakota, either party in a divorce can request mediation by filing a motion with the court. Alternatively, the court may order mediation as part of the divorce process. The mediator is then chosen and agreed upon by both parties.
The Mediation Process
Once the mediator has been selected, the process begins with an initial meeting between the mediator and both parties. During this meeting, the mediator explains the rules and objectives of the mediation process and encourages the divorcing couple to work together to find solutions.
The mediator typically meets with the couple several times, helping them to identify and explore their various options. The mediator helps facilitate the discussion so that both parties have a chance to voice their concerns and priorities, and the mediator can make suggestions, but cannot make any final decision on the divorce agreement.
Benefits of Mediation
Mediation offers several benefits to South Dakota couples going through a divorce. First, mediation is typically less expensive than litigation, as there are no court fees to pay and the process is typically completed within a shorter period of time. Second, mediation allows the parties to maintain control over the outcome of their divorce, and it encourages collaboration and compromise instead of a win/lose scenario. Third, mediation may reduce hostility and tension between the parties, which can make the post-divorce co-parenting relationship much smoother.
Finalizing the Agreement
Once the parties have come to an agreement during mediation, the mediator will draft a written agreement, which outlines the terms of the agreement. If both parties approve, the agreement can be signed by both parties as well as their attorneys. Once signed, the agreement is submitted to the court, where it is reviewed and officially entered as the final divorce agreement. The parties can then move forward with the divorce, knowing that their agreement is officially binding and legally enforceable.
Conclusion
Mediation can be an excellent alternative to traditional divorce litigation in South Dakota. Mediation offers divorcing parties the opportunity to work collaboratively and arrive at a mutually beneficial agreement, rather than entering into a contentious court battle. If you are considering divorce, you may want to consider mediation as an option for your family.