Divorce Mediation Topics

Divorce Mediation – An Overview

Divorce mediation is a common part of long distance or outside marital relations. The average time a Divorce Mediator spends with clients is approximately two hours. This may vary depending on the situation. In some cases the divorce mediator will request additional time to review the case and make a quicker decision. This is especially true of complex divorces involving many issues.

Divorce Mediation

Divorce Mediation Average Time Cost Divorce Mediation typically costs less than two hours on average. This cost includes the time to prepare for the session, any information and presentation fees to the Divorce Mediator, and other costs associated with the divorce mediation. This does not include attorney representation fees, court costs, or any other charges. That average cost also does not include the actual settlement or annuity received from the other party as a result of the divorce.

Separation Negotiation and Child Custody Many issues involved in divorce mediation are issues involving child custody and visitation. For instance if children are older they will be able to make decisions regarding their own well being and where they will live. Some parents do not like this idea and wish to have joint physical custody. There are many instances when the court may award sole physical custody to one parent and visitation rights to another. In these cases the divorce mediation process can be used to decide which parent gets sole physical custody and what visitation schedule arrangements the parents reach.

If one spouse does not want to seek a divorce, there are many divorce mediation options available. A spouse can use a neutral party, an experienced divorce lawyer, a therapist, or a religious counselor. Divorce Mediation is usually the first step toward resolving marital problems and it should be very beneficial for everyone. It can help couples find ways to strengthen their relationship with each other.

Both parties are very important during a divorce mediation process and they need to be treated with respect by both the mediator and the parties to get the most out of the process. Both parties need to speak openly and honestly so there is no surprise when the time comes to discuss things face to face. Remember during divorce mediation the mediator is there to keep the peace and get the parties to communicate. Both parties are equally important and neither should feel that they are being pushed around. The mediator is there to provide neutral observation and help keep the parties comfortable. The mediator cannot give legal advice nor can he/she begin to explore the legal issues between the parties.

The legal separation in a divorce settlement is separate from the marital bed sheet. It is separate from the financial aspect of separation and debt division and cannot be considered as a replacement for marriage or commitment. A separation agreement may be used to create a mutual understanding, to address the children, or to satisfy the creditors. Divorce Mediation cannot resolve any of the issues that involve child custody, visitation, child support, and/or spousal support.

It is very important that if you have hired an attorney to represent you during Divorce Mediation you have a written agreement that you have read and signed. If you do not have such documentation the lawyer will not be able to offer advice or guidance and will not be able to give legal counsel to the spouses or recommend any type of divorce litigation. Many times attorneys who practice in traditional divorce litigation do not handle divorces because they feel they are too complex and do not want to deal with such issues. This can be detrimental to the interests of the clients.

You have to be very careful if you hire an attorney to assist you in the Divorce Mediation process. The Lawyer has to be paid and must obtain a release form signed by both parties prior to the beginning of the Divorce Mediation process. This is critical to ensure that there are no issues which may arise throughout the Divorce Mediation process that will prevent the lawyers from serving the client’s interests. A good lawyer will be able to help you achieve the fairest outcome through the Divorce Mediation process.

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