Divorce Mediation – How Divorce Mediation Can Help You Save Money and Time
What is Divorce Mediation? Divorce mediation is an alternative method in which divorcing couples are able to meet a neutral third-party, usually a marriage and family counselor, to discuss and possibly resolve all or some of the more complex aspects of a divorce. Mediation is usually less costly and less traumatic than a lengthy divorce trial, and typically progresses much quicker.
What Does Divorce Mediation Provide for me? In a litigated divorce in which both parties are involved, a mediator helps you to understand your legal rights and what can be accomplished with those rights. This type of out-of-court meeting allows you to make a more informed decision about your case, and helps you to feel less intimidated by the time you will spend traveling to court. If you decide to proceed with a divorce in which you are not a party to the divorce action, court proceedings tend to drag on longer, cost more money, and consume a lot of time.
What is the Process For Divorce Mediation? Both spouses must agree to participate in a Divorce Mediation; this means that one spouse does not want to participate in the meeting and the other spouse agrees to do so. At the end of the Divorce Mediation each spouse will present their written agreement to the neutral third party. The neutral third party will then determine whether the written agreement is acceptable to the other spouse and to the court.
How do I Prepare for a Divorce Mediation? You will need to prepare to make decisions at the meeting–but only if you want to. You will make decisions regarding child custody (if applicable), visitation schedules, child support, property settlements, asset divisions, and the division of other financial assets (like automobiles and retirement accounts). It’s important to understand, however, that the process of Divorce Mediation doesn’t end once the other spouse decides to participate.
Why Use Divorce Mediation rather Than Simply Going to Court? Divorce Mediation greatly reduces the chances of a highly contested situation where both parties are highly motivated to reach an agreement. Because the mediators are experienced in working with divorced couples, they have the skills and training to quickly identify the real problems that may arise, and how to solve them. Furthermore, divorce mediation tends to be much quicker than a lengthy litigation process in which the same issues are continually disputed by divorcing spouses. In fact, when done well, divorce mediation can conclude in less time than many court proceedings would require.
Who Decides When Divorce Mediation Favors One Party Over The Other? Another benefit of divorce mediation is that it is entirely dependent upon one party participating. If one spouse does not participate and the mediator is not able to reach an agreement, the mediator makes the decision for both spouses as to who gets what. If one party is uncooperative or the other spouse is unreasonable, the mediator has no choice but to choose one party over the other party.
How Divorce Mediation Works If the Divorce Mediation Process Is Fulfilled By A Court As opposed to a Private Lawyer Divorce Mediation differs from typical litigation because a lawyer represents one party in a court proceeding and mediation a non-legal representative, usually an advisor, who meets with the spouses and their respective attorneys. A key difference between court and legal proceedings is that in a court proceeding, attorneys fight for and obtain an agreement from their clients; mediation occurs “without attorneys and clients.” Once an agreement has been reached between the two parties, either party can file for divorce. Divorce Mediation is facilitated by trained professional individuals who work with the divorcing couple on their agreement. In this process, both parties are provided with highly effective non-arbitrative communication and relationship resources.
Who Benefits From Divorce Mediation There are many benefits associated with divorce mediation; these benefits typically include, lower stress levels, less litigation, quicker settlements, quicker returns to normal lifestyle, cost savings, reduced need for attorney representation, and smoother overall transition into daily living. Both parties are better satisfied with the outcome of mediation than through litigation. Who Benefits From Litigation If you choose to pursue litigation, there are four main benefits to litigation: money, time, effort, and emotion. In litigation, you have to hire your own attorney, pay for investigation, hire a judge, and you may even have to fight in court to prove your case. With mediation, you don’t have to worry about any of that. Mediation also ensures that both parties receive a fair resolution to their issue and that the litigation is resolved quickly and efficiently.