Landon KellyLong Island Divorce Mediation is an alternative dispute settlement process in which both parties are represented by an experienced neutral third-party professional. Divorce mediation expertly guides couples through the process of discussing their differences in hopes of reaching an agreement about key issues that must be resolved in a divorce settlement. If this agreement is achieved successfully then the spouses are then required to enter into a court-based litigation process. Divorce Mediation can be an extremely helpful and cost-effective alternative to expensive and prolonged litigation. However, there are several instances in which mediation can be detrimental to a couple’s overall well-being.
One of the biggest challenges that most couples face is how to handle an emotionally charged and competitive divorce mediation process with their respective lawyers. Divorce Mediation can prove to be difficult for many people because of the highly charged nature of this interaction. Divorce Mediation is usually facilitated by a professional licensed mediation planner/therapist/counselor/counselor who has years of experience in helping couples through this life-changing event. Divorce Mediation is an affordable alternative dispute resolution method for those with limited financial means.
The Divorce Mediation process starts with a brief written statement from each spouse outlining their concerns regarding the settlement of their marriage. Once the written statements are received by the Divorce Mediation planner/therapist/counselor, they will then begin an hour-long session with the spouses. During this actual session the Divorce Mediation professional will be present for a maximum of 200 per hour. Divorce Mediation consists of a one-on-one meeting between the two attorneys, the spouse’s spouse and the Divorce Mediation professional.
Many times the spouses in a divorce mediation process do not communicate effectively or they simply do not feel they have enough time to discuss their concerns adequately with their attorneys. In order to assist these individuals to more effectively communicate with their attorneys, the Divorce Mediation professional will provide the divorcing couple one-on-one time with the mediation specialist where they will have the opportunity to work on any issues they have concerning the settlement. Divorce Mediation is often a better alternative to the trial court proceedings than going to trial when there are so many issues to consider and so many witnesses and documentation to prepare. The Divorce Mediation process is usually completed in less time than if the divorce was being contested in a trial. For example, in a normal trial the spouses could spend eight months preparing their case, the time they would use to communicate with their attorney, the time they would spend at their preparation facility and the cost of serving the opposing attorney.
The Divorce Mediation process provides a neutral, objective and independent third party to mediate the marital settlement. One of the major benefits of working with a divorce mediation professional is that the mediator keeps the parties involved in the legal process involved well informed of what is taking place. By giving each spouse a chance to communicate effectively, the mediator can help to keep the litigation on track and reduce the amount of time needed for trial. Divorce Mediation is usually much cheaper than going to court through a trial. Most mediators provide their services at no or very little cost to their clients.
It is up to each individual to decide whether they want to hire a Divorce Mediation process by themselves or they want to retain the services of an attorney. In most cases, the use of an attorney will be more beneficial as an attorney has the experience and knowledge to properly guide the discussions. If the parties are able to agree on the terms of a divorce mediation, then the use of an attorney may be indicated if the parties cannot agree or would prefer not to use the services of an attorney.
There are some instances where the Divorce Mediation does not go as planned and results in an unsuccessful settlement agreement. In these instances, both spouses are encouraged to resume the litigation process through the court system. Even in these situations, the Divorce Mediation process offers the divorcing spouses a means to communicate effectively and reach a fair settlement agreement. Once again, each person has the right to choose the method of dispute resolution that is best for them and their situation. Employing an experienced divorce mediation professional can help to ensure that the parties arrive at an agreement that is beneficial to all involved and that the litigation does not continue.
Many times, once the divorce mediation has been completed and the agreement has been finalized, the spouse who requested the mediation will hire their own attorney to negotiate the final settlement agreement. This is a common practice for individuals who feel that they were treated unfairly during the Divorce Mediation process and wish to seek retribution. In many cases, the attorney agreed to a settlement based on the schedule that was outlined during the Divorce Mediation. If this is the case, it is important to remember that once the Agreement has been finalized, each spouse must be financially capable to sustain the monetary obligations set forth in the final decree.
