Sometimes the issues of divorce may be resolved through settlement. A Marital Settlement Agreement (“MSA”) is a comprehensive written contract, signed by both parties and enforceable by law, addressing and resolving all issues of the divorce. Usually, the attorneys for each party negotiate the MSA and submit it to the clients for final approval. Some of the issues that these agreements address are child custody and support, visitation, spousal support, division of assets, reimbursements, medical insurance, tax provisions, and fees and costs. A Settlement Agreement replaces a trial and all that goes with it.
At Flavio Carvalho Law we encourage settlements when both parties are willing to negotiate in good faith. As your Divorce attorney, we will reach out to the other party legal counsel and discuss terms in good faith. Settlement negotiations are less formal than a court hearing. They are faster and less expensive. They also give both parties more power and flexibility to custom tailor a solution to their disputes. That is why we are always ready, willing and able to dialogue with opposing counsel about settlement opportunities.
Sometimes mediation can help. When negotiations get stuck and dialogue stalls, it may help to enlist the assistance of a competent mediator. A mediator is an impartial third party that helps spouses and their legal representatives negotiate the differences between the two sides. Mediation is friendlier, cheaper, and faster than litigation. If the spouses are willing to talk, mediation can be very useful. Mediation may be requested by the parties or ordered by the court. Mediators manage the negotiation among the parties under rules that are which are less formal than the rules of court yet are still binding on both parties.
After hearing all sides, weighing evidence, and considering the law and the facts of the case, the mediator presents the court and the parties a report with recommendations. The court will then hear objections to the recommendations (if there are any), adopt or modify the recommendations, and issue orders on the matter.
At Flavio Carvalho Law, we prepare for mediation as thoroughly as if we were going to trial. We prepare you and our case to ensure the best results at mediation.