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Divorce Mediation in Nebraska

Omaha Divorce Mediation Attorneys

What is Divorce Mediation?

There is a lot of confusion in the legal community about divorce mediation. True divorce mediation is a process in which the parties hire one lawyer, who represents neither party, but rather guides the parties through a process of resolving all issues in their divorce without going to court or being involved in litigation. Typically this includes having the lawyer prepare all documents required to finalize the divorce once an agreement has been reached. True divorce mediation is not offered by a lot of divorce and family law firms for a variety of reasons. Two of the most common is that it is a process that greatly reduces legal fees in a case, and it is a service that requires a high degree of training and professional skill. When done correctly, however, it can be one of the best options you have for your divorce.

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What is Divorce Mediation?

Divorce mediation is an alternative dispute resolution method that can help couples in Nebraska arrange a divorce more cost-effectively, quickly, and with more privacy than with litigation.

In particular, it is a powerful resource to help spouses move beyond an impasse or deadlock.

With mediation, you and your spouse hire a trained, independent mediator to assist you in reaching an agreement about undecided or disputed aspects of your divorce. The mediator (who may or may not be an attorney) acts as a facilitator and has no bias towards either party.

What Does a Divorce Mediator Do?

A divorce mediator:

  • Has no decision-making power
  • Guides both parties toward a voluntary, informed resolution
  • Facilitates communication to help resolve contested issues
  • Prepares final divorce documents once an agreement is reached
  • May assist in filing paperwork with the court

Rather than resorting to expensive and time-consuming litigation, mediation for divorce offers couples a structured process to resolve disputes cooperatively.

Litigation should be a last resort. It’s expensive, adversarial, and puts control in the hands of the court rather than the couple. Mediation for divorce maintains confidentiality and can be especially beneficial when children are involved by helping parents avoid public court proceedings.

Is Mediation Right for Your Case?

Mediation for divorce isn’t right for every couple. It’s not recommended when:

  • There’s ongoing high conflict or complete lack of communication
  • There’s a history of domestic violence or abuse

However, for many others, mediation for divorce should be explored as the first step. It’s especially ideal when couples can still communicate and are willing to attend a joint consultation.

The Advantages and Pitfalls of Mediation

Advantages of Mediation for Divorce:

  • Lower costs than litigation
  • Faster resolution as some mediated divorces are completed in under 30 days
  • More privacy and control over the outcome
  • Less emotional strain for couples and children

Pitfalls to Consider:

  • If mediation fails and the case proceeds to court, the fees spent on mediation may be lost
  • Success depends on both parties being willing to cooperate

Are Mediated Agreements Legally Binding?

Yes. As long as your mediation for divorce is handled by a trained, professional mediator familiar with Nebraska law, your agreement will be legally binding. At Nebraska Legal Group:

  • Our mediators prepare a full written record of your agreement
  • This serves as a legally enforceable contract
  • Your Nebraska divorce attorney or mediator can help you convert the agreement into a court order

Why Is It So Hard to Find a Good Divorce Mediator?

Successful mediation for divorce requires a unique set of skills that aren’t taught in law school. Great mediators:

  • Are trained specifically in divorce mediation techniques
  • Have a deep understanding of Nebraska family law
  • Know how to offer creative, flexible solutions
  • Are committed to neutrality and fairness

Unfortunately, mediation for divorce is less lucrative than litigation, which is why many attorneys choose not to develop this skillset. At Nebraska Legal Group, we believe in providing all available options to our clients, and mediation for divorce is often the best path forward.

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Divorce Mediation in Nebraska

How to Get Started With a Mediated Divorce

When you are ready to get more information about a mediated divorce it is important to schedule a joint consultation with your spouse. This avoids creating a possible conflict of interest when one party contacts a lawyer on their own, then wants that lawyer to become a mediator for both parties.

Nebraska Legal Group has many attorneys that are qualified and highly skilled in the area of mediation. You can schedule an initial consultation with one of our attorneys and your spouse by calling 402.509.7033 and asking for a consultation relating to a mediated divorce.

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What Happens During Mediation?

Each mediator may follow a slightly different approach, but most mediation for divorce cases in Nebraska follow these three key steps:

1. Individual Sessions

After an introduction from the mediator, individual sessions are scheduled with each spouse.

During these sessions:

  • Expectations for the process are set
  • The mediator gains a broad overview of the conflict
  • Each spouse shares their goals, concerns, and perspective

This step helps the mediator understand the dynamics and determine whether joint sessions or shuttle diplomacy will be most effective moving forward.

2. Joint Session(s) or Shuttle Diplomacy

Depending on the situation, the next step in mediation for divorce may involve:

Joint Sessions

Both spouses meet in the same room with the mediator to discuss the issues at hand. These sessions follow clear ground rules to ensure open, respectful, and forward-looking communication.

Shuttle Diplomacy

If joint sessions aren’t appropriate, the mediator may meet with each party separately and go back and forth to facilitate indirect communication.

Throughout this process:

  • The mediator may help evaluate whether proposed solutions are workable
  • Legal implications of the proposed agreement are explained
  • No legal advice is given by the mediator

3. Drafting of an Agreement

If a full or partial agreement is reached through mediation for divorce, the mediator will:

  • Draft a formal written agreement
  • Encourage each party to have their attorney review it
  • Submit the signed agreement to the court for approval

This document becomes the foundation of your final divorce order if accepted by the court.

What Happens If No Agreement is Reached?

Even if you and your spouse don’t reach a full, binding agreement, mediation for divorce still offers value.

You may:

  • Resolve some of the key issues
  • Reach a partial, trial, or temporary agreement
  • Establish groundwork for future negotiation

All of this helps reduce the likelihood of full litigation and may save significant time, stress, and cost.

Need Help with Mediation in Nebraska?

Speak with an experienced divorce attorney who can help guide you through the mediation process. Contact us at Nebraska Legal Group for a free case evaluation.

Nebraska Legal Group

Need Legal Assistance From a Nebraska Divorce Mediation Attorney?

Call Nebraska Legal Group at 402.509.7033 or get started with a free case evaluation.

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Frequently Asked Questions

 

Mediation is one of the shortest paths available in the divorce process. With an effective mediator and motivated parties, a divorce can often be resolved within thirty (30) days, however under state statute, the divorce cannot be finalized until at least 60 days after service of the complaint. This means that even if the parties are in total agreement on day 15, they still have to wait until day 61 to actually be divorced. This is true in all divorce cases, mediated or otherwise.

Mediated divorces cost far less than regular divorces, because the parties are hiring only one lawyer, who is acting as a third party neutral. The cost of a mediated divorce will ultimately depend on the complexity of the issues in the case, and how long the mediator will have to spend settling the matter.

Contact Us


Email:
info@nebraskalegalgroup.com

Omaha Office

Phone:
402.509.7033
Address:
Two Old Mill, 10855 West Dodge Rd
Suite 240
Omaha, NE 68154

Lincoln Office

Phone:
531.248.5050
Address:
6940 O Street
Suite 314
Lincoln, NE 68510

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