Divorce Mediation: A useful method to help couples communicate their concerns before a judge and reach an agreement on all issues concerning a divorce. Divorce Mediation is a non-formal administrative procedure in which an impartial individual facilitates communications between the parties and their representatives. Divorce Mediation is intended to provide effective communication between divorcing couples, so both parties are better able to deal with the demands of the divorce proceeding. Divorce Mediation is sometimes useful for couples who wish to avoid a lengthy litigation process prior to a final hearing in a court room.
Divorce Mediation is a non-legal alternative dispute resolution method. Divorce Mediation is designed to provide you with the opportunity to communicate your concerns about your divorce in a safe and non-invasive environment. A divorce mediation process helps couples identify, understand, talk, and then resolve all the complex issues that require resolving in your divorce proceeding. It can take place in one or more sessions with the assistance of a neutral third party. The cost of a Divorce Mediation usually depends on the number of sessions requested by the client and the length of time needed to achieve a satisfactory result.
Divorce Mediation is generally provided by a divorce lawyer, or an experienced divorce mediator. In some cases, the full services of a legal representative may be necessary to ensure that the client’s divorce proceeding will be handled properly. Divorce Mediation may be an ideal solution for couples who are experiencing difficulty communicating with each other. Divorce Mediation provides couples with the opportunity to communicate freely, while working through their disputes in a safe environment.
Divorce Mediation differs from traditional dispute resolution methods in a few significant ways. In a traditional divorce proceeding, attorneys typically represent the client and take part in lengthy sessions that may last months to years. Divorce Mediation is relatively short – generally lasting between two to four hours, depending upon the particular nature of the case.
Because of the duration of typical divorce mediation sessions, attorneys may not be available to assist clients until an agreed upon settlement has been reached. Many attorneys offer “free initial consultations” in which they help potential clients evaluate their options. Attorneys also provide additional information and suggestions throughout the course of the case if needed, but cannot give legal advice. This is different from typical proceedings where attorneys often provide legal advice regarding the specific facts of a case and about potential outcomes. Further, attorneys may not give additional guidance or suggestions regarding a contested divorce unless requested to do so by a client.
Unlike a traditional court proceeding, Divorce Mediation does not require attorneys to participate. Divorce Mediation can be helpful in situations where one party is requesting financial assistance from the other party, or one party is asking another to stop pursuing a course of action that may be threatening the physical or emotional well-being of the other spouse. Divorce Mediation may also be useful for couples who are experiencing difficulties communicating with one another, or for couples who wish to try new relationship approaches without the risk of damaging existing relationships.
Divorce Mediation is conducted without the involvement of attorneys. Attorneys can participate in Divorce Mediation provided they meet certain criteria. In order to participate in Divorce Mediation, attorneys must generally be retained by the client for only ten hours, unless a judge allows mediation to continue for more time. Even when a judge authorizes mediation to continue for additional hours, attorneys must inform their client at this time. If an attorney is not required to participate in Divorce Mediation, the divorcing spouses will still need to obtain an authorization letter from the Court.
Divorce Mediation is generally less expensive than a lawsuit. Divorce Mediation is usually less intensive and time consuming, as well. Divorce Mediation is helpful for many couples, particularly those where one party is financially struggling. Divorce Mediation is also helpful for those who do not feel comfortable discussing their marital problems with a third-party. Divorce Mediation may be a good option if you are not sure about the outcome of a divorce suit, are hesitant to take part in a courtroom battle, or if you are unable to come to a private mediation arrangement.