This is Part II of our three-part blog series that provides an overview of the advantages of alternate dispute resolution (ADR) methods like mediation in New Mexico family law disputes. If you have not had the opportunity to review the information in Part I, you may wish to do so before reading the information in this installment. Click Here to Read Part I
Can child custody arrangements be handled through mediation?
New Mexico judges strongly favor agreements reached by parents through ADR methods in family law cases involving children. ADR methods are designed to reduce the animosity that may occur during litigation and to create orders that both sides find more acceptable than those a judge might impose. Because ADR can reduce hostility, promote cooperation and yield stable outcomes, it often provides an effective method for settling a child custody dispute in New Mexico.
My spouse and I are on amicable terms so I am afraid hiring an attorney will result in increasing the tension so that we cannot work out an agreement. What should I do?
The notion that family law attorneys tend to escalate conflict in a divorce is a common misconception. While there are certainly many family law cases that may be filled with animosity and conflict whether or not the parties have attorneys, there are many more cases that are settled without serious conflict because each side is represented by counsel. The process of negotiation and compromise is difficult under the best of circumstances, but the process frequently deteriorates when neither party has access to information about their legal rights and obligations. New Mexico Divorce Attorneys can also negotiate objectively without being swayed by the jealousy and resentment that may be felt between parties when they terminate their marriage.
Can all New Mexico divorces and custody cases be resolved through alternate dispute resolution?
While there is no requirement that certain types of divorce or custody cases be litigated in front of a judge rather than settled through an ADR process like mediation, there are some types of situations or issues that tend to be less appropriate for this type of conflict resolution. If there is a history of domestic violence between the parties, ADR is inappropriate because such an approach may result in one party feeling coerced into a potential settlement based on fear of retribution or the tendency to feel intimidated by an abusive spouse. A variety of child custody issues may also be less likely to be handled effectively in mediation, including allegations of physical or sexual abuse, parental neglect or substance abuse. If you are interested in trying to handle your marital dissolution or paternity action through the ADR process, our experienced ADR family law attorneys can explain your rights and options.
The above information is provided to illustrate general principles of law and should not be interpreted as a specific legal opinion on an individual case. You should contact experienced legal counsel to get specific legal advice that is based upon your specific circumstances.
If you have questions about your alternate dispute resolution options for settling family law issues in New Mexico, the Jay Goodman & Associates offers a free consultation in our centrally located offices in Santa Fe and Albuquerque so that we can discuss your options. Call us today to schedule your free consultation at (505) 989-8117 to learn about your rights and options.
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