Divorce mediation is basically a non-custodial alternative to a full-blown divorce suit. Divorce mediation is a collaborative, advantageous settlement procedure utilized regularly and successfully by many married couples who wish to divorce, as well as by domestic partnerships who wish to separate peacefully. Divorce mediation offers spouses the opportunity to properly plan their future together, rationally, rather than in a situation of sheer anger and hatred. Divorce mediation takes place between the two lawyers and the parties. They are provided with the necessary information and resources to assist them in arriving at an agreeable solution to the divorce.
Without court cases, mediation is not only cost effective; it also results in faster and more thorough resolutions than would be achieved by litigation. In divorce mediation, both parties participate voluntarily. Mediation does not require expensive legal fees. Each party pays their own portion of legal fees. Both sides also have the opportunity to choose an experienced, neutral third-party mediator.
Both parties have the potential to save large amounts of money through divorce mediation. The cost of litigation tends to accumulate rapidly, especially if multiple parties are involved. By paying a reasonable amount for legal fees, one is able to save money in the long-term while simultaneously ensuring the resolution of marital issues.
As previously mentioned, mediation enables couples to remain calm and in control of the situation. It also allows participants to communicate openly without intimidation or threats from either party. By participating in divorce mediation-or any other divorce-related issues, both parties are better able to establish a better relationship with each other. Through this process, couples may come to mutually understand each other’s needs, feelings, and problems. This communication can help them work through their issues more easily and efficiently.
Divorce mediation often leads to an amicable settlement between the two parties. In many instances, one spouse will offer to leave the house and the other will immediately leave the marriage. Once these couples find a middle ground, they may be able to live together happily ever after.
There are some circumstances in which divorce mediation may not lead to an agreeable resolution. For example, if one spouse is unsatisfied with the final outcome, he or she may hire their own attorneys to represent them. While both spouses will have the opportunity to present their case before a judge, the attorneys representing each spouse may work separately and may not consult the other spouse or their attorneys. In cases like this, both spouses will be better served by having their attorneys work together to iron out the details of the settlement.
Another way in which divorce mediation can fail is if the judge does not act responsibly. Many judges do not take the time to thoroughly examine every facet of the case, which means the attorneys for one spouse may draft the documents incorrectly. Because the spouses are not being represented individually, they are not aware of the mistakes the judge has made in his or her decision. When this happens, the spouse filing for divorce may feel “aggrieved,” but he or she failed to receive the fair trial he or she deserves. As a result, the judge may not act fairly and allow one party to receive what they rightfully deserve.
In order to ensure that the process of divorce mediation runs smoothly, both parties should choose their attorneys carefully. Although the attorney will have a significant impact on how the mediator works to resolve the case, the spouse filing for divorce should do their own research and make sure that the attorney is the best person for the job. In addition, both spouses should seek out divorce mediators with a proven track record of fair and productive mediation. With the right lawyer, the divorce mediation process can be as smooth as possible.