Divorce Mediation – How it Works
What exactly is divorce mediation? Divorce Mediation is an informal, hands-on settlement procedure utilized by couples seeking to amicably dissolve their relationship or marriage. Divorce Mediation gives couples the chance to make their own choices about dividing their assets and personal belongings. It allows both parties to reach an agreement outside of the courts, saving the time and expense associated with going to court and negotiating with a judge and his or her clerk.
There are many reasons why divorce mediation is often a better alternative to litigation. In many instances, the time and expense of litigation are an enormous drain on a family, especially if children are involved. Also, attorneys are often paid by the party against whom they have done the most fighting in recent years. When there is a lack of an experienced, adversarial process, attorneys often know what they are doing and tend to “play the part” rather than try the “hard game.” In short, litigation often does not work well for the average family.
A divorcing couple will select a divorce mediation process that is right for them. They may choose to divide up their belongings in a court settlement or they might decide to come to an agreement through a trained, neutral third-party mediator. No matter what the couple decides, they will benefit from working with a divorce mediator. Below are some of the benefits of working with a professional:
– If a couple is able to agree on child custody and visitation schedules without legal assistance, but would prefer to retain the advice of an attorney, divorce mediation helps them achieve this. The divorce mediator helps both sides come to an agreement about these important issues without the help of attorneys, thus saving the cost of a divorce lawyer. A divorce mediator helps the couple to communicate, so they can reach an agreement together.
– Most people worry that using outside experts can be costly, but this is not true. Most mediators charge a fee of about ten dollars per hour, while attorneys usually charge about four hours. It depends on whether you are using the services of a traditional mediation service or an online one. There are no hidden costs, so both kinds of professionals should be willing to work for less in order to get a successful agreement.
– If you have a good divorce attorney, they might be able to negotiate better fees or require lower payments. If you are trying to pay for the cost of a divorce in total, but still need to use an attorney, using mediation can be an ideal solution. The use of an attorney can increase the costs, especially if they are required to appear at more proceedings than just one. A mediated agreement usually consists of fewer documents, because the parties cannot sign as many documents as they would have done using a court proceeding.
– A mediator may be able to help the couple to establish what exactly their goals are, so that the process works more smoothly. For example, if there is a concern that one spouse wants the children financially supported and another does not, the mediator may be able to show how important this issue is to the other spouse. If the couple is having difficulty communicating, the mediator may be able to help the couple agree on a schedule for when they talk and how they talk about the issues. In divorce mediation, both parties are usually very open and honest about what they want, allowing the mediator to suggest realistic options.
Divorce mediation does not have to involve a court proceeding. There are no legal proceedings that ever get completed through the courts. If both spouses are agreeable to the idea of a mediation, the mediator goes about it that way. If one spouse is opposed to the idea of mediation, the mediator may try to find a middle ground. If the couple can’t agree, the mediator may simply try to assist them to find a middle ground.