Family Law Mediation
Disputes in family law cases do not have to turn into ugly legal battles. In many cases, family law mediation provides the perfect framework for divorcing spouses, parents, and others to resolve their differences and develop solutions that work for everyone.
Instead of a winner and a loser—which is often the outcome when issues are decided through litigation in court—both parties can emerge from the process with a positive result. Even better, because mediation works through a cooperative process rather than an adversarial process pitting one side against the other, mediation helps preserve relationships and fosters healing.
At Batley Family Law, we have long been committed to finding peaceful solutions to resolve family law conflicts, so we understand how to make the most of the mediation process. We invite you to schedule a consultation to discuss how mediation could help meet your particular needs.
How the Mediation Process Works in New Mexico
In traditional family law litigation, each party hires an attorney, and both attorneys present arguments and evidence to the Judge, which often creates tension and animosity between the parties that lasts far beyond the hearing at hand. The judge may have very little time to consider information presented before making a decision, and the outcome may not be what either party would have hoped for.
Mediation is almost the exact opposite. Each party may still work with an attorney who is focused on protecting their legal rights and advocating for them to the mediator. However, rather than just blinding arguing their client’s position, the attorney will help find solutions and negotiate on their client’s behalf but the attorneys will be providing outside advice, rather than arguing on the party’s behalf. Instead of presenting their case to a judge, the parties will be working with a neutral third-party mediator who is trained to help them focus together to compromise and develop solutions. The mediator does not issue an independent decision the way a judge does. Instead, the mediator helps both parties find common ground so they come to their own decisions. The parties control the process and the outcome.
It can take more than one mediation session to reach agreements if there are many issues to be addressed. Because matters are handled outside of court, costs are generally much lower and there is much less pressure to reach instantaneous resolutions. At the end of the process, the parties come away with a written agreement describing the decisions reached. Once the agreement is signed, it is an enforceable contract. The terms can also be incorporated into a court order as part of a divorce or custody determination.
Is Mediation Right for Your Case?
While mediation offers numerous benefits and can help families maintain positive relationships, the process will not work in every situation. Both parties need to be willing and able to cooperate, so mediation is not a good choice for situations where one partner intimidates the other or refuses to give in on anything. Our experienced attorneys can work with you to examine your situation and decide if mediation is a good option for you.
Generally, family law attorneys in New Mexico will not recommend mediation in cases involving:
- Allegations of child abuse or domestic violence
- Suspicions that one party may be hiding assets from the other
- Communication difficulties or high-conflict
- Parties with manipulative or narcissistic personalities
- Situations with a significant imbalance of power
If you start the mediation process and are unable to reach a settlement, then matters may need to move forwardthrough traditional litigation or other methods.
Talk to an Experienced New Mexico Family Mediation Attorney
At Batley Family Law, we have helped clients resolve a wide array of disputes through mediation. Our experienced attorneys are trained to serve as neutral mediators, but they are also prepared to serve in advisory roles in family mediation to protect your specific interests and ensure that settlement agreements will be approved by a court.
Would you like to know how mediation would work in your situation? Call our Albuquerque office today at (505) 246-0500 or fill out this contact form to schedule your confidential case evaluation.
What Our Clients Say
“Professionalism, Quality, Responsiveness, Value
I had a great experience at Batley Family Law. They assisted me with my case. They were excellent and ensured that my case was handled as efficiently as possible and always made me feel informed. This firm helped me through a stressful time. Would absolutely recommend this law firm.”
“Thanks for everything yesterday! I had a very informative and meaningful consultation with Batley Family Law. I can tell that they are compassionate and strong which I admire in a law firm. Their firm has written a great book on New Mexico Divorce Law and they had recommendations for books to help my kids in this process! Thanks for the great gifts as well. I look forward to working with them in the process that lies ahead.”
Bobbie Batley is unquestionably the top family lawyer in New Mexico, largely because of the amazing team she leads. This firm cares about their clients, and puts those needs out front. I will never hesitate to refer to this firm!”
“Batley Family Law is an excellent place to work. I enjoy coming in everyday. It is clear to see how much our attorneys value New Mexican families. They work their hardest to advocate for their clients on a daily basis.”
“Batley Family Law provided me with excellent advice and service to effectively and efficiently resolve an issue with my best interests in mind. They did this with a great deal of compassion. I would highly recommend this firm.”
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505-246-0500 or complete the form and we will be in touch.
Batley Family Law
316 Osuna Road Ne #301
Albuquerque, NM 87107