Kentucky Divorce Mediation

When a divorce case is pending, one or both parties can request mediation regarding the issues that are disputed. These parties have the right to select some or all of the issues to mediation.

Kentucky Divorce Mediation process

Mediation may be accepted by the parties voluntarily or through a Court order. The mediator is an experienced person who has undergone training to handle the emotional and sensitive issues in a divorce. The mediator assists the parties to spot their requirements. This is a chance for the parties to speak with each other regarding their wishes and concerns in a candid and secure ambience. The participants enjoy freedom to discuss their positions. For the process to succeed, common courtesy must be adhered to during the entire mediation.

The lawyers of the parties are permitted to be present in a mediation to provide legal advice. However, the lawyer should not enact an adversarial role as is done in a Courtroom. As a matter of fact, there are expectations that the lawyer should assist to move the process of mediation forward.

If the parties do not feel comfortable in mediation or conclude that it is not in the best interests of their children or themselves to continue the mediation, then the parties should never be pressurized to reach an agreement. The atmosphere of mediation should be such that there is robust encouragement for the parties to accept a solution that is beneficial for everybody involved, however it is not mandatory that an agreement must be reached. The result of mediation should be controlled by the parties. One or both parties have the right to terminate the mediation process at any time and opt for litigation where the judge has the power to settle the case.

In mediation, the parties might mutually accede to an agreement. It is the duty of the mediator to draft such an agreement and take the signature of both parties on it. This agreement is submitted to the judge. Further, the judge reviews the agreement. After the signature of the judge on the agreement, it is regarded as an order that can be enforced through the Court.

Kentucky Divorce Mediation site

www.courts.ky.gov is the website where one can find the mediation guidelines of the state or browse through the roster of mediators belonging to various counties in the state. The person browsing this site should click on Court Programs, then choose Mediation and further select a topic from the right hand menu.

Advantages of Mediation

• The agreement created at the end of mediation is identical to the determination reached through a Court trial in terms of enforceability by Courts and compulsion on the parties to adhere to it
• As the parties control the process of mediation, they get the freedom to shoot up creative solutions, that the Court cannot think of
• Children realize that their parents have collaborated and hence they get healed from the trauma of divorce. The children feel comfortable as their parents have not coerced them to select one out of the two people they love

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