Divorce Mediation – How it Can Help You Save Money and Time
Divorce Mediation: What Is Divorce Mediation? Divorce mediation long island is an efficient method by which divorced couples can meet with an unbiased, objective third-party to calmly and openly discuss and resolve key divorce-related issues without presenting a complete case or to the court system. Divorce mediation is often less stressful and generally less expensive than a lengthy divorce trial, and usually it proceeds very quickly. Divorce Mediation, however, should only be tried if both spouses have an interest in meeting with an impartial mediator who will assist them in discussing the key issues of the divorce.
Why It’s Useful To You: Divorce Mediation provides divorcing couples the opportunity to communicate about important issues that may divide their households. These discussions are less formal than court proceedings, which means you and your spouse will both feel more comfortable discussing the important issues of your divorce in a neutral environment. By meeting with a neutral third-party, divorcing couples are given the chance to reach an agreement outside of the courtroom. You’ll also be able to avoid costly court hearings by using the divorce mediation process.
How Divorce Mediation Works: Divorce Mediation consists of two main components. The first phase consists of an open discussion between the divorcing couple and their attorneys. During this stage, the spouses may discuss the division of their property, how they wish to change their marital status, and any other issues that have arisen during the litigation process. The second part of the Divorce Mediation consists of a meeting between the spouses, usually one or more weeks later. During this meeting, the spouses and their attorneys will discuss any unresolved issues regarding the division of assets, alimony, child support, or other important matters. In many cases, a neutral third-party individual, who serves as a mediator between the divorcing couple and their attorneys, may serve as the facilitator between them.
Divorce Mediation is not always successful. If only one spouse wants out of the marriage, or if there are pressing issues involved that are impossible to resolve without court action, then the divorce may not be settled through mediation sessions. It is important to remember that unless both parties agree to participate in the settlement process, a judge will make the decision regarding the outcome of the case. So if one spouse withdraws from the process, it is in the best interest of both parties to ensure that the divorce is a fair process.
Divorce Mediation Cost: Because the goal of a court divorce is to eventually result in a marital dissolution, the cost of divorce mediation sessions can sometimes become expensive. Depending on your situation, you may not qualify for court settlement funding. Often times, couples who are not able to receive court funding choose to undergo divorce mediation instead. If you have children, or you have special needs, you may want to take this route.
The mediator assigned to your case should help you select an experienced divorce mediator, who will be unbiased and objective, while still providing insights and advice based on personal experience. Your divorce mediator should use sound financial strategies during the divorce mediation sessions and should assist you in meeting necessary payments throughout the process. If a mediator does not offer financial tips and suggestions, it may be wise to seek the advice of your divorce lawyer.
Sometimes the spouses find themselves at an impasse when negotiating the settlement issue. If this occurs to you, and you prefer to negotiate everything on your own, then you should know that your spouse has the upper hand in most cases. When the divorce mediation involves both parties, both have the ability to bring legitimate issues to the table that can be resolved during the mediation process.
In today’s society, more than ever, couples are experiencing issues involved with their marital property. Divorce Mediation can provide a very good means of resolving these issues. Mediation can help you work out marital property issues involving property, debt, child custody and visitation rights. It is important to be represented by a licensed divorce and marital property attorney so that you have the best opportunity to obtain the fair resolution you are seeking. A trial can become extremely costly and time consuming, not to mention the emotional toll it can take on you and your children.