Divorce Mediation – A Better Alternative to Traditional courtroom Procedures?
Divorce mediation is among the most commonly used methods of bargaining a divorce settlement out. In divorce mediation, both you and your spouse, or, in some instances, both of you and your divorce lawyer, hire a third party, known as a mediator, to negotiate and discuss the terms of your divorce with you. This is often done without you being present. If the marriage is ending amicably, divorce mediation can help maintain peaceful negotiations for you and your spouse. Mediation can help you feel less intimidated by your divorce lawyer and your husband or wife. It also can give you a much needed break from the divorce proceedings.
Both you and your spouse can resolve all issues through divorce mediation without ever having to go to court. If the relationship between you and your spouse has come to an impasse where marital problems are so acute that divorce is the only viable option, divorce mediation is very helpful. During mediation, both you and your spouse can resolve issues, work out issues, and come up with solutions that work best for each of you. The objective of divorce mediation is to assist you through the difficult time ahead. When both of you come to an agreement, there is little need for a lengthy litigation process in divorce court.
The majority of divorces go through divorce mediation. Sometimes it can be convenient to have a divorce mediation rather than going to court. There are several reasons why this might be the case. Perhaps you are coming to an impasse regarding some issues but don’t feel that you are able to resolve them by yourselves. Or perhaps, after an extensive negotiation between you and your spouse, there are aspects of the agreement that are not agreeable to you.
In any event, divorce mediation offers a way to reach agreement between you and your spouse without a lengthy litigation process in divorce court. Instead of going to trial, where you have little or no chance of winning, you and your neutral third party mediator will sit down together and discuss the possible issues and how they should be addressed. Divorce mediation is more productive than a lengthy litigation process. The mediator keeps the peace between you and your spouse, allowing you to address issues one-on-one. It also allows you to address issues concerning your children, as both you and your spouse will have a say in any decision made concerning your child (Ren).
There are several types of divorce mediation. Professional divorce mediators work with the divorce lawyer of one party or the other. They are fully briefed on the litigation issues and will facilitate the discussion between the two individuals. In divorce mediation, each of the parties may choose a specific divorce mediator; the mediator assigned to one spouse will remain impartial. If both parties agree, there is a professional divorce mediation; if one party does not agree, an unprofessional divorce mediator may handle the negotiations.
Family mediators, who do not have an involvement in litigation, help couples to work through their emotions after they have separated. Most divorce mediation arrangements last about four months, and allow the couple to continue with their lives for that time. During this time, the mediator will help the couple to rebuild their relationship by giving them the opportunity to take baby steps while at the same time helping them sort out their emotions.
Regardless of what type of divorce mediation you and/or your spouse decide to use, it is essential that you adhere to the guidelines. The mediator will ask questions to ensure that both of you have thought through your decisions and come to an agreement. You will be expected to give your partner information regarding your prior agreements (if any), financial information, child custody and visitation schedules. You will be expected to listen to and understand your spouse’s responses, and work with them to develop the best possible agreements.
The length of divorce mediation varies based on a number of factors, including each individual couple. In many cases, couples decide to use the mediation process after they have been married for a year or more, when children have come into the picture. In the past, extended mediation has been used as a way to achieve more compromise on issues, but recent studies have shown that couples who decide to use the mediation process after a year of marriage generally achieve greater satisfaction with the outcome of the negotiations. Regardless of whether you opt for a short term, live-in, or full-time mediation service, there is no better way to resolve your differences, have them resolved, and move forward with your lives than through divorce mediation.