Oregon Divorce Mediation

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Divorce mediation is implemented in order to provide support to the divorcing parties. Through this session, spouses receive assistance regarding the settlement of their marital issues such as property or debt distribution, child custody and other such issues. The entire session is completed through a series of meetings with each party involved in divorce. The duration of the process entirely depends on the number and types of issues to be discussed and resolved in the case. The third party attains definite training to provide adequate support and chance to both the parties in terms of negotiating the matter. After settlement of all issues, the third neutral party also drafts the final final mediation agreement which is to be signed by both the divorcing parties in the end. However, the spouse and his or her respective attorney first go through all terms and conditions mentioned in the agreement then only decision of signing is implemented. Similarly, divorce mediation in Oregon also ensures that confidentiality of information should be properly maintained throughout the procedure.

Family Law - Oregon Divorce Mediation

There are three types of counties in this state. These can be differentiated as follows:

  • The party which files the petition in the court must inform the court that there are disputes regarding issues like custody or parenting time with a minor child. Then both the parties must do the following:
    • Attend a mediation orientation session.
    • Attend a parenting class.
    • Meet a mediator to attempt to solve the disputes.
  • When one or both parties requests the court to conduct a hearing on parenting time or custody, the court requires that the parties should attend mediation
  • There is no compulsion of mediation. However, the court has a list of private mediators whom the parties have to request to help in solving parenting time and custody conflicts

Sometimes one of the parties might reasonably think that mediation is not suitable as they may have to face intimidation or violence. In such cases, the structure of the mediation is altered to minimize the peril or in some cases the requirement of mediation might be waived.

It is expected that each party should reveal their relevant information to their mediator before the sessions begin so that the mediator can help them to overcome the conflict. At the same time, these professionals also explain the steps that are to be taken during the mediation process. If the mediator is the county's mediator, lawyers of the parties frequently do not remain present in the mediation sessions. If the mediator is a private party, the lawyers can attend such mediations. An additional issue is that if both the parties agree, lawyers may attend the mediation sessions.

Some mediators initially meet both the parties and their lawyers can further have discussions with each party in a confidential mode. The mediator switches between the parties till an agreement is made. This process is termed as caucusing.

Outcome of Oregon Divorce Mediation

At the close of the mediation, if the parties reach an agreement, then the mediator produces the written copy of the agreement which is to be reviewed by the parties and then they have to sign it. Furthermore, the agreement is to be given to the court to be approved. Sometimes the mediation involves support and financial issues and in these cases, the mediator produces the Memorandum of Agreement. The next task of the parties is to submit this memorandum to their attorneys and these fill up the papers for approval of the court. If the mediator is a lawyer and a private party, this mediator may fill in the essential paperwork for effecting the agreement. The court might summon a mediator to testify regarding the terms of the agreement.

When the mediation fails and the parties are not able to settle their conflict, then the case is passed to the Judge for trial. All the points that were disclosed during the mediation are treated confidential. Thus, the judge determines the outcome of issues like child support, child custody, and property distribution without the knowledge of the positions of the parties during mediation.

In the end, it can be concluded that divorce mediation in Oregon is one of the mandatory sessions which is to be followed during the separation processes. The spouses can either consult the mediators on their own or this can be performed after the court orders in the state.

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