Divorce Mediation – How it Works
During Divorce Mediation, divorcing couples meet with an experienced, neutral third-party mediator in a more traditional, formal environment. Divorce Mediation can be done without a court order, but some courts have started requiring it, particularly when children are involved. Often, divorce mediation involves both sides meeting with an attorney at a neutral location. Divorce Mediation may include one or more sessions, depending on the needs of the divorcing couple. Divorce Mediation is often conducted before or after the parties have filed their divorce petitions in a local court and is generally completed in about six months.
Divorce Mediation is more helpful to people who want to save money by avoiding the high fees that can result from using a lawyer. The cost of a divorce mediation is generally less than the fees that would be charged if one or both sides went to court. The primary benefit of divorce mediation is that there is an objective and impartial third-party individual who helps the divorcing couple communicate and find areas of common interest. Divorce Mediation may also offer an amicable settlement involving all issues except those that could potentially be litigated. In some cases, the mediators are able to negotiate a fair settlement for all parties.
Divorce Mediation is a very effective method of communication and settlement when attorneys and their clients are trying to resolve marital disputes without the expensive fees that accompany litigation. Divorce Mediation is often preferred over litigation by attorneys because litigation often does not yield positive results for divorcing spouses. Litigation often involves long, complex cases and lengthy litigation that may not always yield favorable results.
Divorce Mediation is often much quicker and easier than traditional litigation when spouses are able to communicate with one another in an atmosphere free of conflict and anxiety. Divorce Mediation is an ideal solution for spouses who are experiencing an extremely difficult time in their relationships and do not have the financial means to pursue a lengthy litigation process through court. Divorce Mediation allows divorcing couples to save money that would be spent on expensive litigation. Divorce Mediation is often preferred over litigation when one spouse wants to retain the services of a divorce attorney at a reasonable cost. Divorce Mediation may also be helpful in helping couples communicate during mediation and in working to iron out any problems before a divorce is finalized.
Divorce Mediation is typically completed within thirty days of a request. If a divorce mediation is decided upon before a thirty day period has elapsed then the parties are required to provide additional financial information to the lawyer. Divorce Mediation may also be a preferable alternative to litigation if one party is interested in obtaining the services of a child support attorney. Child support litigation can be extremely costly, so a spouse may be more willing to enter into a divorce mediation if they believe that they will be better served through a non-costly alternative.
There are several different variations of Divorce Mediation, and each requires the input of both parties. In a divorce mediation, the attorneys help the couple with arranging the specifics of the settlement; this includes deciding what amount to settle for, whether or not to resolve the division of assets, and how to pay for the settlement. Divorce Mediation differs from litigation in that the terms of the agreement are written down, the mediators work with the couple, and the spouses are urged to communicate openly.
In a traditional litigation environment, the goal is usually to prove “competitor’s liability.” This means that the spouse who is financially disadvantaged is responsible for the entire settlement agreement. Divorce Mediation resolves this issue by allowing each spouse to choose the financial resources that they wish to allocate to the settlement agreement. The process of Divorce Mediation usually concludes after about thirty days, depending on the parties. If a divorce mediation is successful, then most of the time spouses can resume their lives without the stress of litigation.
A divorce mediation is a more cost-effective alternative to litigation. In a divorce mediation, the fees the mediator charges is usually borne by the parties. Divorce Mediation can also be used by one party, as a way to resolve any number of issues, such as property distribution or custody (if applicable). Divorce Mediation is useful in cases where there are many difficult decisions to be made between the spouses. For instance, one spouse might want to be the primary caregiver for the children while the other spouse is the stay-at-home parent. Divorce Mediation allows one party to make these decisions, while ensuring that the other party does not have an unduly adverse effect on the case.