A Look At The Difference Between Litigation And Divorce Mediation
What exactly is Divorce Mediation? Divorce Mediation is an interactive conflict resolution procedure for divorcing couples where a neutral, qualified, third-party mediator is hired to assist them in negotiating a settlement and resolve disputes. Both parties can be represented by lawyers during the mediation process (although this isn’t required), although lawyers may also bring their own private investigator to the proceedings. The objective of the entire process is to arrive at a reasonably satisfactory marital settlement agreement that meets the needs and desires of both parties. It doesn’t end there, however.
After the parties have reached a settlement agreement at divorce mediation, they must submit any written agreements to the Court and sign any documents related to the agreement. Then, the agreement is filed with the Court and the case is further investigated by the legal professionals representing both sides. If all parties are satisfied with the settlement agreement, the agreement is accepted, and the divorce proceedings are immediately stopped.
Of course, the divorce mediation isn’t necessarily the litigation process that comes next. If the parties aren’t satisfied with the proposed marital settlement agreement, they still have the opportunity to go before the judge for a final hearing. This time, it’s the attorney who will petition the judge for a more complete divorce decree. If the attorney is unsuccessful at getting the judge to issue a final decree, he or she will have to file for divorce petition anew with the court.
As you can see, divorce mediation isn’t necessarily the litigation process that comes next after the parties reach a final agreement at mediation. If the parties aren’t satisfied with the proposed marital settlement agreement, they can still proceed with the litigation process against one another. However, once both attorneys have presented their cases to the judge, the judges review the agreement and make a final decision regarding the dissolution of the marriage. Unless one of the spouses is willing to go to trial, the parties must accept the judge’s final decree. Therefore, it is extremely important that you maintain good relationships with your spouse even after the divorce proceedings are complete.
Because divorce mediation is less formal than divorce court proceedings, it is often easier for the parties to remain calm during mediation and to focus on the future, rather than dwelling on past issues. There is also less pressure on the attorney to get every detail out of the spouse he or she is representing. However, this doesn’t mean that mediation is always a better option.
One issue that often arises during divorce mediation is the issue of trust. Many divorcing couples don’t feel that they can completely trust their third party negotiator. Indeed, some feel that they don’t even know what the negotiator is doing during the discussions. Because divorcing couples can be so emotionally involved in the process, it is not uncommon for them to want to keep everything private, including the identity of their third party facilitator. If you feel that your spouse is holding back information from you that he or she should definitely be sharing, then you may want to consider hiring an attorney to represent you in the divorce mediation process.
In addition, some divorcing couples may not feel comfortable having an “enemy” during the divorce process. Especially if the couple has children together, it is important that the spouses remain as calm as possible during the divorce process. A neutral third party can help to accomplish this by helping the divorcing couple to communicate with each other, but the adults will have to be willing to listen to the mediators if at all possible. The mediators do not decide the settlement between the couples; they simply help the divorcing couple communicate and to reach an agreement on certain issues.
Regardless of which option you choose when dealing with divorce mediation, the goal of the process is to reach an agreement that is acceptable to both parties. The majority of divorcing couples mediation outcomes have been very successful, allowing the couples to get back together in a more amicable way. However, there are some individuals who do not feel comfortable with litigation. If you are one of these individuals, the best thing for you to do would be to hire an attorney to represent you in the courtroom.