Divorce Mediation Topics

Divorce Mediation & Litigation – What is the Difference?

Divorce Mediation

Divorce Mediation & Litigation – What is the Difference?

Divorce mediation is usually an extremely unpleasant process. However, it does not always need to be a prolonged legal battle which often results in added financial and emotional pain. In many cases, a divorce mediation process has proven successful where other methods have failed. Divorce mediation is an alternative to going through a prolonged litigation process where both parties try to present their case in court, with the mediator playing the role of third-party impartiality. Many divorcing couples have discovered that divorce mediation may help them address the most difficult issues surrounding their divorce, such as dividing their assets, splitting up their debts, determining who will be responsible for caring for their children during their divorce, and more.

The majority of states require courts to allow divorce mediation, so individuals are able to seek the advice of a neutral third-party individual through this process. Divorce mediation is facilitated by licensed and experienced individuals who are experienced in this type of mediation. Divorce Mediation requires both parties to participate in the process and may last up to an hour. Depending on the nature of your case, divorce mediation may also require that you attend some form of counseling on relevant topics prior to the mediation session.

In many cases, couples who are having a hard time communicating will benefit from the mediation process. Marriage counselors can provide input and guidance on marriage problems, while mediators are able to listen to both sides of the story and determine how the issue is affecting the marriage. If you and your spouse are having difficulties communicating, it can be extremely helpful to use the services of a marriage counselor. Long Island Marriage and Family Therapy Association offers several marriage counseling programs to help couples and individuals achieve success in their relationships. If you or your spouse is interested in exploring the possibility of mediation, contact a Long Island Marriage and Family Therapy Association for more information.

Because there is no cost for divorce mediation, it can be an excellent way to get the guidance and assistance you need before you proceed with legal proceedings. Divorce Mediation can be an excellent resource, but you should be aware that not every divorce mediator will be equally beneficial to both your needs. In addition to meeting with a mediator, you will also want to meet with an attorney. An attorney can assist you throughout the legal proceedings and can assist you in obtaining the necessary documentation you will need to submit to the court.

When you meet with a divorce mediator, the first thing you will discuss is the terms of your divorce. You will discuss issues such as custody, visitation and the division of property, if any. The aim of the mediation process is to come to an agreement between the two parties on all issues so both parties are satisfied with the final outcome. At this point, you and your spouse will have several opportunities to communicate with a legal representative who will represent you in court-sponsored mediation and/or through private mediation. Your attorney will also be present at the meeting and will provide you with updates on the status of your case.

During the course of the mediation process, your spouse may express an interest in a quick settlement. This is common, as most divorce mediators have seen hundreds of cases similar to yours. As such, your spouse is very likely to seek a quick settlement, because he/she knows that a settlement will be in the best interest of both you and your child(ren). Keep in mind that a good divorce mediator will try to work with you, and not against you. There will be a meeting of minds, so it will be helpful if you approach the meeting with an open mind and a willingness to listen to your spouse’s reasonable concerns.

In many cases, your spouse may be able to offer some details regarding how the finances will be divided after the marriage is over. If you have specific questions about how specific assets will be divided, it would be wise to bring those questions up during the actual mediation process, rather than waiting until the last minute before asking them. Attorneys that specialize in family law and/or private divorce mediators charge by the hour. You can expect to pay at least one-half hourly rate for attorneys who have specialized training in family law. Therefore, it would be wise to inquire about typical hourly rates prior to meeting with a legal representative or attorney.

Hopefully this short article has given you a few insights into the world of separation and divorce litigation. Divorce Mediation is not an alternative to divorce, but can be a helpful tool to get a better result from the actual litigation process. In addition, if you choose to use litigation, you will want to consult with a skilled divorce attorney to ensure that your goals are met. Always remember: What is the difference between divorce mediation and divorce court?

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