Looking for information on Clark County family court mediation?
In Clark County, Nevada if you are divorcing with children or going through a custody battle there is a very good chance you will end up at the Family Mediation Center (FMC) to attempt mediation with your ex. While mediation may seem like a nice idea, there are disadvantages to mediating custody and divorce cases especially in Clark County. Understanding the potential pitfalls of mediation should make you better prepared to mediate your case. Consider these pitfalls before attending mediation
Having an inexperienced family court mediator:
Not all mediators are created equal. Unfortunately, having an inexperienced mediator can cost you time and money as well as lead to terrible results for your mediation. An inexperienced mediator will not understand the issues, will not know how to control the situation and will be ineffective in helping you reach a resolution. If you find that your mediator is inexperienced, you may want to ask for another mediator or perhaps end the mediation altogether. If you decide to try mediation with an experienced mediator, make sure you have properly prepared yourself for mediation, that you know your rights and know what you want to achieve from mediation.
Not having an attorney present at FMC:
In Clark County, FMC does not generally allow attorneys to participate in mediation. As a result, many mediators give legal advice to litigants, even though they are not supposed to. Many times, the legal advice is just dead wrong. If you do not understand the law, or if you feel more comfortable having your attorney present for mediation, simply decline FMC mediation OR ask for a private mediation where your lawyer can be present.
No judge is present:
Part of the litigation process and having events occur before a judge is to ensure that both parties to litigation operate on a level playing field. In mediation, there is no judge present and I have had clients tell me that it felt like a free for all, that they were ganged up on by the mediator or that their ex brought up events that were embarrassing and harassing. Unfortunately, in mediation there are really no rules and without a judge, it is up to the mediator to keep the peace.
Increased Time and Expense In Litigation:
Often times mediation does not work and the parties know it will not work at the outset of their case. In these situations, clients need to be vocal and insist that mediation is a waste of time and money. Otherwise, parties can find themselves having to attend multiple hearings to discuss the results of mediation which ends up delaying the case and costing more in attorney’s fees. Again, if you know that mediation isn’t for you, speak up and save yourself the time and expense of what will likely be a failed mediation.
Even if you reach an agreement in family court mediation your case is not over:
In Clark County, Nevada our mediation center is only able to mediate custody. As a result, many other items such as child support, health insurance and division of assets and debts are not discussed in mediation. This means that even if you can successfully negotiate custody, you will still need to see a judge and pay a lawyer to talk about finances and dividing your assets and debts. Again, this can take additional time and additional money and further delay your case.
Conclusion
In our opinion, despite the pitfalls referenced here, mediation can helpful in some cases. Being properly prepared for mediation is the key. Please consider our other articles on this subject and if you or someone you know needs assistance in their family court case, call us today at (702) 433-2889 or fill out our on-line form for more information.
Frequently Asked Questions
Additional Resources for You
How long does a family court trial typically last?
The duration of a family court trial can vary significantly depending on the case’s complexity. Some trials may be completed daily, while others can stretch over several days or weeks. Factors influencing the length include the number of issues to be resolved, the amount of evidence to be presented, and the court’s schedule.
Can I represent myself in a family court trial?
While it’s possible to represent yourself (known as appearing “pro se”), it’s generally not recommended due to the complex nature of family law. If you choose to do so, familiarize yourself thoroughly with court procedures and local laws. Many courts offer resources for self-represented litigants.
What should I wear to a family court trial?
Dress conservatively and professionally, as if you were attending a job interview. Avoid overly casual clothing, flashy jewelry, or anything considered disrespectful to the court. Your appearance can influence the judge’s perception of you.
Can my children testify in a family court trial?
Children may be allowed to testify in some cases, but courts are generally reluctant to put children in this position. More commonly, the judge might speak with the child in chambers or appoint a guardian ad litem to represent the child’s interests.
What happens if I disagree with the judge's decision?
If you believe the judge made a legal error, you can appeal the decision to a higher court. However, appeals are based on legal errors rather than disagreement with the outcome. Consult with your attorney about the viability and potential costs of an appeal.
Can I bring support persons to the trial?
You can usually bring family members or friends for moral support, but they may not be allowed in the courtroom during proceedings. Check with your attorney or the court clerk about specific rules regarding observers.
What if my ex-spouse doesn't follow the court's orders after the trial?
If the other party doesn’t comply with court orders, you can file a motion for enforcement or contempt. In extreme cases, the court has various means to enforce its orders, including fines, wage garnishment, or even jail time.
How do I prepare my witnesses for the trial?
Work with your attorney to prepare your witnesses. They should be familiar with the questions they’ll be asked, understand the importance of honesty, and be prepared for cross-examination. Remind them to speak, address the judge as “Your Honor,” and stick to the facts they know.
Can social media posts be used as evidence in a family court trial?
Yes, social media posts can be used as evidence if they’re relevant to the case. Be cautious about what you post online during legal proceedings, as it could be used against you in court.
What if I need an interpreter for the trial?
If you need an interpreter, inform the court as soon as possible. Many courts provide interpreters for parties who need to be fluent in English, but it’s essential to request this service in advance.
Molly Rosenblum, Esq., our distinguished lead attorney, not only offers exceptional legal representation but has also developed a wealth of resources to support you through various facets of family law in Nevada. These resources, meticulously curated and available on the Rosenblum Law website, provide insightful guidance and practical information tailored to your needs in times of uncertainty or decision-making. Here’s an overview of the resources you can access:
Las Vegas Family Law Attorneys: A comprehensive guide offering expert advice and legal strategies for navigating the complexities of family law in Las Vegas. Explore the guide.
Family Court Las Vegas: Crucial information and resources for understanding and navigating the family court system in Las Vegas effectively. Learn about Family Court.
Common Law Marriage in Nevada: Insightful details on the status and implications of common law marriage in the state of Nevada. Understand Common Law Marriage.
Name Change Las Vegas: Guidance on the legal process and necessary steps to legally change your name in Las Vegas. Get information on Name Change.
Nevada Power of Attorney: Essential information on creating a power of attorney in Nevada, enabling you to make crucial decisions regarding your legal and financial affairs. Learn about Power of Attorney.
How to File a Motion in Family Court: Step-by-step guidance on filing motions in family court, an essential aspect of navigating legal proceedings effectively. Understand the process.
Unbundled Attorney: Insight into the concept of unbundled legal services, offering a more flexible and cost-effective approach to legal representation. Learn about Unbundled Legal Services.
Nevada Adoption: A guide to the adoption process in Nevada, providing you with the knowledge and resources to navigate this significant life event. Explore Adoption in Nevada.
These resources reflect Molly Rosenblum, Esq.’s dedication to providing comprehensive legal support and information, ensuring that you’re well-equipped to handle the intricacies of family law matters in Nevada.
Offsite Resources You May Find Helpful
Here are seven resources that provide valuable information and support related to family court mediation:
American Bar Association (ABA) – Section of Dispute Resolution: The ABA’s Dispute Resolution section offers resources, training, and information on mediation and other forms of dispute resolution.
Association for Conflict Resolution (ACR): ACR is a professional organization dedicated to enhancing the practice and public understanding of conflict resolution, including family court mediation.
Mediate.com: This site provides articles, resources, and a directory of mediators, with a specific section dedicated to divorce mediation.
Avvo – Family Lawyers: Avvo provides a directory of family lawyers, along with user ratings and reviews. These professionals can assist in cases involving family court mediation.
Justia – Family Law Lawyers: Justia offers a directory of family law attorneys, including those specializing in mediation.
FindLaw – Family Law: FindLaw provides articles and resources on family law, including the advantages and disadvantages of mediation.
National Family Mediation (UK based): Although this is a UK-based organization, it provides a wealth of information about the mediation process that can be useful to understand the potential pitfalls.
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