Landon KellyDivorce mediation is a practical alternative dispute resolution method for spouses who want to end their marriage without going to court. Divorce mediation helps couples identify, know, discuss, agree, and finally resolves all the issues which require resolving in the divorce. This may include a parenting plan, time sharing and child support; alimony; division of assets and liabilities; and other relevant issues. Divorce Mediation is the common recourse for spouses who cannot agree on key issues of divorce. Divorce Mediation is a more affordable alternative to expensive divorce litigation.
If you are in the market for an experienced divorce attorney, then contact your local law library or community center for resources on how to find an experienced divorce mediation attorney. Divorce Mediation is usually an introductory meeting between you and your spouse’s attorney prior to a settlement conference. During the initial consultation, you and your spouse’s attorney will evaluate how well you communicate and negotiate, and your potential chances for reaching an amicable settlement.
In a typical divorce mediation, you and your spouse’s attorney will meet for approximately two hours to discuss how you can resolve your differences amicably, and to outline the process of that process. During this time, you will be free to research and learn about the various aspects of divorce law, as well as to ask questions. You will have the opportunity to question your spouse, gather documents, research witnesses, and obtain additional information about the case as needed. Divorce Mediation is designed to help you reach an agreement outside of the court system. Many divorces can be resolved through a professional mediation process.
A mediator may offer the greatest advantage to couples who are not able to agree on terms or to resolve other issues. Many attorneys will not participate in the Divorce Mediation process if they believe their client will not receive a fair settlement. These attorneys also typically charge high hourly fees for their services, which adds a great deal of cost to the Divorce Mediation process. For these reasons, many couples who need to resolve their differences opt for divorce mediation. Divorce Mediation can be a cost effective way for you to resolve your differences, as it often costs less than going to court.
Divorce Mediation does require the involvement of a third party. If both parties are willing, they can select a single divorce mediation provider, or they may choose to split the cost of the mediator. If one party chooses to hire their own lawyer, the cost can be higher than if they hire a notary. In addition, most Mediation providers require that the spouses each bring a witness to the session. It is important to note that the witnesses are not necessarily witnesses to the alleged infidelity, but potential witnesses are required by law to appear at any Divorce Mediation.
In contrast to the Divorce Mediation process, a divorce litigation process often results in a contested divorce settlement. If a competent Divorce Mediation is unable to resolve the disputes or if an agreed upon settlement is not accepted by one spouse, the dispute will be forwarded to a divorce court. Divorce courts are designed to provide an unbiased and courteous environment for the spouses involved in the Divorce Mediation process and to help them come to an agreement. One advantage to the divorce mediation process over the Divorce Mediation is that it may result in an amicable final decree. However, this often occurs only with the most experienced divorce lawyers.
With divorce litigation, often there is little room for changes or amendments to the original agreement. It is possible, however, for couples who agree on key provisions of a divorce agreement to add or change those provisions if they can’t agree on the other key provisions. In some instances, the desire to improve the agreement or to make it more effective can drive divorcing couples to the extreme of actually filing for a rehearing order in the superior court. Even when the couples involved in a divorce mediation ultimately do file for a rehearing, the actual proceedings of the case will likely be much more orderly than if the parties had engaged in a full-blown divorce litigation proceeding.
Collaborative Divorce Practitioners is attorneys who work together voluntarily to mediate their spouses’ divorce. Divorce Mediation is a process in which the spouses engage in collaborative communications regarding the terms of a divorce. These collaborative efforts typically end with the spouses agreeing to live together and/or that their differences are not hindering their relationship and that they would like to make a life-long relationship. Many times, these collaborative efforts lead to a written document that is filed with the court. Collaborative divorce mediation was created in an effort to eliminate the costs associated with lengthy litigation that is not amicable. If you are in a situation where you are beginning to feel your divorce may be contested, it may be in your best interest to seek out a divorce attorney that utilizes collaborative law as their litigation strategy.