Divorce Mediation – An Overview
What is Divorce Mediation? Divorce mediation is a procedure whereby divorcing couples are able to meet privately with a neutral third-party to talk and negotiate about a range of divorce-related issues without the presence of their attorneys. Mediation is generally less emotional and expensive than a lengthy divorce trial, and often it proceeds much quicker. If you are seeking a peaceful and amicable divorce, it is advisable to seek out a qualified, compassionate and affordable Divorce Mediation Lawyer.
During mediation, the concerned parties meet separately with an experienced mediator who assists them in identifying their needs and expectations. In addition to this, the divorce mediation professional helps to identify and appreciate each individual’s unique situation and assets. Once a list of individual needs and assets is generated, an agreement can be reached concerning the distribution of those assets, as well as the amount of child custody and visitation rights that will be awarded to each party and what proportion of those assets will be awarded to each party. The goal of any divorce mediation is to arrive at an agreement that is beneficial to all parties involved and one that is fair to the children.
In many instances, the expertise of divorce lawyers or attorneys is not required in order to achieve a good divorce settlement agreement. In fact, there are some instances where the expertise of these professionals is not even required. Often, a simple Internet search or referral from a trusted friend can lead one to an experienced divorce mediator, with whom a couple may discuss their concerns and problems. It is also possible to employ the services of an Amicable Divorce Mediator on a trial basis.
There are many advantages to using the services of divorce mediators. First, they provide an impartial third party (third party does not know or care about the facts involved in the case) opinion as to what should be done, how it should be done, who should be affected and who should receive what. Furthermore, mediators are skilled in communicating effectively and in reaching agreement between spouses on both sides. Most importantly, divorce mediation can prevent the stress and expense associated with lengthy litigation and the possibility of losing substantial assets through the court system. If one or both parties feel that they are falling behind in their respective divorce settlements and believe that a trial would further delay the process, divorce mediation is often the preferred method between them.
There are several negative sides to divorce mediation, however. First, mediation can be quite lengthy and can be ineffective if one or both sides are unwilling to cooperate. Without cooperation, the mediator cannot do his or her job properly. Secondly, mediation can be very expensive; attorneys are not generally paid unless the case is resolved in favor of the client. Finally, although a divorce mediation tends to be less costly than a trial, it may not resolve all issues and may result in the client retaining attorney fees or paying exorbitant child support and other fees.
Many attorneys and experts encourage the use of the services of a divorce mediator when resolving a domestic violence or child custody dispute. This type of dispute resolution is often much more effective because spouses are able to communicate openly and reach an agreement that they can both agree upon. Mediation can also provide a safe environment for children; many cases involving domestic violence have a high incidence of children being harmed or emotionally abused. However, when this occurs, the courts take much less interest in the matter, saving considerable time and money for both the divorcing spouses and their attorneys.
There are several characteristics that a good divorce mediator should possess. Generally speaking, they should be a licensed, experienced divorce attorney, with at least five years of experience in family law. Furthermore, they should have a strong record of negotiating reasonable compensation for the client. Additionally, they should possess extensive experience in family law and have dealt with similar cases in the past, thereby allowing them to provide an effective insight into the practical issues involved in such cases. Finally, they should be willing to utilize non-discussion techniques in order to expedite the process and maintain a level of confidentiality.
Divorce Mediation is undoubtedly a complex and time consuming process. No one wants to waste valuable time, money and energy, so it is important to hire an experienced professional who is committed to providing a constructive and impartial service. It is important to make sure that your initial consultation involves an open dialogue regarding your concerns, so that your attorney can provide you with useful information regarding the litigation process and the potential outcome. Divorce Mediation can be an excellent method to save both time and money when you and your former spouse are unable to agree on the terms of your divorce settlement.