Divorce Mediation Topics

What Is the Difference Between Divorce Mediation and a Court Trial?

The Divorce Mediation process provides clients the chance to successfully settle property partition, custody, and child support issues without going forward to trial. Divorce mediation is a very affordable and positive option for all Long Island couples that are looking for an uncontested divorce. Mediation is generally conducted by licensed professionals who have expertise in family law. Divorce Mediation does require that the parties attend a pre-disciplinary counseling session prior to the actual mediation process. In this pre-disciplinary session, the partners are advised on how to conduct themselves during the entire mediation process as well as what questions to expect throughout the session. This counseling session is also utilized to determine any issues that would require testimony at trial.

Divorce Mediation

Once the pre-disciplinary session has been completed, the couple and their divorce mediator then meet in an area, such as the kitchen or the living room, to begin the Divorce Mediation process. Prior to the meeting, the partner who wishes to negotiate on the terms of the divorce will select a mediation specialist. The spouse requesting the mediation will be matched with a compatible individual who possesses the same perspectives and attitudes about the best interests of the children. It is recommended that the spouse requesting the service have some knowledge about personal negotiation skills prior to selecting the individual to mediate the case.

During the Divorce Mediation the parties are encouraged to have their own personal attorney. There are several times when an attorney may be retained on a part-time or full-time basis. If a trial date is set after the conclusion of the Divorce Mediation, the spouses will be scheduled to appear before a judge and enter into an agreement regarding the terms of the settlement. The court will record the agreement as an order of the court and both spouses’ attorneys will file briefs with the court detailing the details.

The purpose of this format of Divorce Mediation is to obtain a quicker and more efficient outcome to the litigation. If you live in the Napa and Sonoma Counties, there are experienced mediation services in those areas that will provide you with the assistance you need in this matter. Divorce Mediation can be accomplished in less time than a lengthy litigation process through the use of qualified individuals with the expertise needed.

One of the benefits of using Divorce Mediation is that it often results in an amicable agreement regarding the terms of a divorce. During Divorce Mediation, both spouses are encouraged to develop an honest and open communication with one another. The Divorce Mediation professional is responsible for maintaining communication during the course of the mediation services. When a discussion takes place between the spouse requesting the Divorce Mediation professional, both spouses are encouraged to express their own thoughts and opinions, and those opinions are equally important. Both spouses are encouraged to listen to the other spouse, take note of what is said, and then express their own thoughts and opinions of the conversation.

In many circumstances, the Divorce Mediation actually ends with a decision for the Wife, and the Husband usually signs the papers indicating their acceptance of the decisions reached. Once all the paperwork has been signed, a schedule for the initial consultation meeting is set up with the divorce attorney. This initial consultation typically takes place on a one to one basis with the divorce attorney, or through the internet. Divorce Mediation typically takes place in the couple’s home, at the spouse’s expense, or through a video conference.

After the initial consultation, it is up to the Divorce Mediator to determine whether a Divorce Mediation will accomplish the goal of a peaceful and amicable settlement of all matters considered. Divorce Mediation can help divorcing couples communicate effectively and reach an agreement that both parties can agree upon. Below we examine what the difference between divorce mediation and a court trial may mean to you and your future.

The primary goal of Divorce Mediation is to help the divorcing couple communicate and work out an agreement that they can both live with. Once the Divorce Mediation has achieved this goal, the parties may enter into an agreement that will be accepted by both parties and entered into the courts. The primary objective of the Divorce Mediation is to help the parties communicate and reach an agreement; once this goal has been met both parties may enter into an amicable court proceeding. Once the amicable resolution has been reached, then either party may file their Own Complaint.

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