MEDIATION & ARBITRATION

Divorce Mediation

Mediation is not just for “friendly” divorces.  In fact, it is mandatory in South Carolina prior to being given the opportunity to present evidence at a final hearing/trial in court. 

There are several options when using a divorce mediator to resolve your issues in dispute. You may use a divorce mediator prior to filing an action with the court, at the beginning of your decision to separate to help decide the process to be used and/or to help work out issues regarding your separation and/or divorce, and to summarize those decisions in a written document which can later be used to assist in the completion of a written agreement or contract.

Self-determination promotes amicable relationships and agreeable terms and helps parties arrive at creative resolutions to issues concerning children and finances. Divorce mediation does not result in a win or lose outcome. It requires each party to consider the position of the other party and a willingness to compromise in order to avoid litigation, and the expense and trauma to the family that results from litigation.

As a Mediator, Nancy J. Vavra does not impose her judgment but rather uses her legal, financial, and professional skill set arrived at after many years of advocacy, mediation and experience while in her role as a Guardian Ad Litem for children whose parents are in conflict. A mediator is no longer acting as an attorney nor as a representative for either party.  Working together, Nancy will allow you to participate in all stages of your divorce.  Her goal is to assist the parties in achieving an agreement related to your separation or divorce, which will uniquely be suited to you and to your family.

In the mediation process, Nancy is motivated to help you keep conflict from escalating, however, you will NOT be required to settle on terms that you do not agree with. Nancy works with the couple, and with their attorneys when appropriate, to help you make good decisions during a very stressful time.  Through the mediation process, Nancy encourages continued communication that may/will be necessary long after the divorce has been concluded.

Mediation allows all professionals involved with your family, lawyers, therapists, CPAs, etc. to continue to serve you efficiently in a non-adversarial environment. Generally, mediation results in greater satisfaction and commitment to follow through on the terms of the agreement, and is less painful both emotionally and financially. A successful mediation identifies issues which must be resolved in an Agreement in order for it to be approved by the Court and ordered as enforceable terms by which you may live and move forward in your lives. Mediation resolves differences and goes a long way in helping you to redefine your relationship with your spouse and/or co-parent.

When mediating, having the experience of a divorce lawyer, Nancy will provide you with information that will help you to understand your options.  You will want to know what might happen if you go to court, and the possible legal outcomes of your particular problems.  There are usually a number of possible solutions, many of which would work for you and your spouse.

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Mediation is a dignified and cost effective solution for all parties!

Mediation does not require that you and your spouse interact directly

Oftentimes Nancy will offer the parties individual meetings and will bring them together only when both parties desire to speak directly or in the presence of the other.

For example, the following areas are often the subject of disputes in mediation:

  • Custody
  • Property Division
  • Alimony and Spousal Support
  • Parenting Plans/Access
  • Divorce Tax Implications
  • Financial Planning
  • Business/Pension Valuations and Division

The process of Mediation is ever changing to meet the needs of the family involved and its issues in dispute.  Nancy may schedule mediation meetings to take place with the parties independently and/or together.  Sometimes the parties meet with Nancy without the benefit of independent legal counsel, other times their attorneys are present. Nancy will work to accommodate the parties’ needs and wants.

Regardless of whether you have an attorney representing you prior or subsequent to bringing an action in the court system, in mediation Nancy does not preclude you from securing legal advice from an attorney who may work on your behalf. Nancy will encourage your lawyer to be part of the mediation process and/or will provide you an opportunity to have one review the mediated agreement on your behalf, prior to your becoming obligated to it.

Each party to mediation has his/her own concerns.  As mediator, Nancy is a neutral party and although she provides information, she does not provide legal advice to either party in mediation.  Therefore, getting legal counsel from one who is there to support you offers you additional feedback.

How does it work?

Many come to mediation after the legal process has commenced, and divorce has been initiated.  Often during these mediations, independent legal counsel will be present, and the Guardian Ad Litem who has been involved with your children by court order, will have imput.  Typically, in those mediations, the parties will remain in separate rooms with their respective counsel and as the Mediator, Nancy goes back and forth between the rooms.  On that day, Nancy plans for one half or one full day and gives your family the time it needs to resolve all issues.

Mediation will assist in equalizing the balance in relationships, whether the problems lie in communication or in knowledge of finances.  The mediation process gives parties needing time to digest information the time needed, and negotiations occur from an improved position of strength.

In the event that you and your spouse wish to attend mediation to resolve the issues in dispute without the need for Attorneys’ participation, Nancy will schedule any number of meetings with you both and individually, in order to properly address your family’s needs, the many unresolved issues you may have and those matters which a proper “Agreement” will include.

Tips To prepare for mediation and/or litigation:

  • Gain familiarity with your finances and your spouses’ financial matters
  • Commit to complete disclosure and to your good faith participation in the process

 

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VAVRA LAW, P.C.

SOUTH CAROLINA  |   FAMILY LAW

1476 Ben Sawyer Blvd, Ste 3
Mount Pleasant, South Carolina 29464

843.284.8667

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