Attorney
Lawyers have a bad reputation. And it’s easy to see why. We are called on for help in the most difficult times of a person’s life, and the solutions we offer are often imperfect. On top of that, we have the audacity to charge for our services!
It’s no wonder that divorcing couples in the Albuquerque area are looking into DIY divorce, or otherwise attempting to limit the amount of time and money they have to spend on legal fees.
One possible path forward for people who want to limit the number of lawyers in their life is mediation. Under New Mexico law, a divorcing couple can get a mediator to handle their divorce from start to finish, and avoid the hassle and expense of hiring separate attorneys and duking things out in an adversarial process.
What is Mediation?
Mediation is a professionally facilitated process designed to help the parties in a family law case come to an agreement they can all live with. It is more structured than a standard negotiation but less formal than a court proceeding.
Choosing mediation can save a couple time and money because it is not adversarial. Instead of hiring separate attorneys, both parties agree to work with a single mediator — like Attorney Bob Matteucci — who serves as a neutral third party.
How this works is pretty straightforward. You and your soon-to-be former partner will each provide information about your lifestyle, income, and future plans to Bob. He will review the information you have given him, think about what he has learned about your family, and bring you and your partner together for a mediation session where you will discuss areas of agreement, issues that still need to be resolved, and possible solutions.
This can take a couple hours or a couple weeks depending on how well you and your former partner get along, and how complex your divorce is. If, for example, you own a business together, it is going to take longer to hash things out than if you are both W2 employees. But don’t despair, thanks to his business background, Bob is frequently sought out to handle such cases, and knows what it takes to resolve them.
Who is in the Room During a Mediation?
Most mediations involve only the couple getting divorced and the mediator.
However, other parties can be brought in if everyone agrees it would be beneficial to do so. This means each party could hire an attorney in addition to the shared mediator. Or a couple’s children could be consulted about child custody preferences. Or an accountant or financial planner could be brought in to work through thorny disputes over money.
What Comes After Mediation? Will I Need to Hire an Attorney?
If the mediation is successful, Attorney Matteucci can take his mediator hat off, put his lawyer hat back on, and draft the legal documents necessary to formalize your divorce and have it rubber stamped by a family law judge.
If the mediation is not successful, you must start the divorce process from scratch. You can attempt to hire a different mediator or decide to pursue a traditional divorce where each of you is represented by your own attorney. If the mediation fails, Bob cannot continue to work with either you or your partner, and neither of you can use information revealed in the mediation against one another.
Serving Families with Dignity & Compassion
Even though New Mexico is a no-fault divorce state, divorcing couples have a tendency to demonize the other party. Mediation can get you away from that mindset by removing the need to hire opposing attorneys whose job is to fight with one another.
By working with a mediator like Attorney Bob Matteucci you can focus on finding solutions and moving forward. Contact Bob today to schedule a meeting and discuss your case.