What exactly is Divorce Mediation? Divorce Mediation is an alternative process employed by married couples who wish to separate or divorce. Divorce Mediation offers couples the chance to make their own choices regarding the division of assets, debts and children during a divorce proceeding. Divorce Mediation allows individuals to take control over their divorce proceedings.
There are two types of Divorce Mediation: An Affordable Divorce Mediator and a Certified Divorce Mediator. An Affordable Divorce Mediator (ADA) provides the essential information to facilitate a peaceful and amicable separation. In the case of an Affordable Divorce Mediator, the client is typically provided with detailed divorce information at no cost. In the case of a Certified Divorce Mediator (CMD), a portion of the cost of the Divorce Mediation may be reimbursed to the CMD by the couple if they agree on all terms of the divorce mediation. However, in cases in which one party is seeking sole physical custody of the children or other similar issues, it may not be possible to have a CMD offer the divorce mediation as part of the fees. In these cases, both parties are expected to pay the full cost of the divorce mediation.
In the majority of cases, the cost of divorce mediation is usually negotiable. Some couples may request that the cost of the divorce mediation be funded by the marital settlement, or they may seek to have part of the cost reimbursed to them. The Mediation Process When a couple chooses to use divorce mediation, they will first enter into an ‘amicus’ or ‘amicable’ settlement. This settlement document specifies the terms of the mediation process, including who is eligible for it, and what should be covered during the course of the settlement. This document is filed with the court, and upon approval by the courts, the Mediation begins.
During this time, the parties are encouraged to communicate, negotiate, listen to each other’s views, and explore any other options open to them. It is at this point where the real work begins, as all three sides will present their case and listening sessions will help to iron out any differences. Most disputes that are brought to mediation can be resolved with some degree of negotiation. As a result, most clients who use collaborative law firms find that their cases can be settled fairly quickly, with little expense.
Once the divorce mediation has been conducted, the agreement between all parties is documented and signed by both parties. Joint Agreement In the case of a divorce mediation, the spouses’ legal representatives will meet with their legal advisors and enter into a written joint agreement. If the agreement is being used, as opposed to a standard legal contract, it is also filed with the court. Once the agreement is filed, the court will review it and make its final decision. This decision will then be enforceable.
In some instances, divorce mediation can be conducted without a judge. In these instances, if both parties agree to participate in the mediation, a neutral third party may attend and assist in the discussion. In many cases, the spouses themselves will not want to take part in the process unless they feel their rights have been violated. In order to prevent issues arising from uncooperative parties, the courts may ask the mediation provider to select a neutral third party to conduct the meeting.
Once the divorce mediation process has begun, both you and your spouse will have the opportunity to meet with your legal advisor to discuss how to resolve any differences that may arise during the mediation process. In addition, your spouse will also have an opportunity to meet with their own lawyer. Both you and your spouse will then present your case and any facts that have been agreed upon to the divorce mediators.
During the divorce mediation, you may find that you are speaking more to your spouse than to your divorce attorney. If this is the case, it would be wise to find other ways to communicate with your spouse, such as email or conferencing services. If you decide to use the internet in the divorce mediation process, you will want to keep all of your personal and financial information away from your divorce attorney. You will also want to restrict yourself to discussing the facts of your case and any agreements you may have reached during the course of the divorce mediation process. It is important to remember that your divorce attorney will be able to offer advice on legal matters, but you should not discuss confidential matters with them during this stage of the process.