Divorce Mediation – Eliminating the Disconnect Between the Divorce Lawyer and the Client
Divorce mediation is a completely voluntary agreement process commonly used by married couples wishing to divorce, and also by domestic relations practitioners who wish to resolve marital issues amicably without court action. Divorce mediation offers couples the opportunity to organize their future peacefully, rationally, and with an atmosphere of mutual respect and cooperation. By facilitating an agreement between the divorcing parties, a trained and experienced mediator facilitates communication that can lead to mutually beneficial resolutions to the divorce. A mediator does not make decisions for you, but rather offers neutral observation and information from both sides of the divorce to help you better understand your situation. Often divorce mediation can be achieved outside of the court system through specialized divorce mediation companies. Mediation may also be achieved at the request of the parties or the children if the issues are too complicated for a normal divorce mediation session.
If a divorce mediation goes well, the parties benefit by having the opportunity to communicate their views and feelings in a relaxed, non-pressured environment that allows them to exchange important information without emotion or interruption. Both parties are free to share information and their side of the story without worrying about being questioned by the other side. If a divorce mediation goes poorly, however, both sides suffer by having to spend valuable time and resources proving their case in court. Because of the high importance of the time spent in court, divorce mediation tends to result in less time spent on the actual divorce proceedings. By spending less time in the courtroom, the couple saves the cost of moving to another location and is able to move forward in more productive and meaningful ways.
No matter how much the spouse’s fight, sometimes divorce mediation fails to resolve all of the issues between the divorcing parties. Some issues are too complex for a mere discussion to resolve. Other issues, such as child custody, are harder to divide than money. When divorce mediation fails to resolve an issue, the spouse who wants to retain custody will have to hire an attorney, which costs money. Without the expense of legal fees, the divorcing couple is left with very little to survive on and can be emotionally drained both mentally and physically.
The effectiveness of divorce mediation depends on how it’s done. When a divorce mediation is done properly, it provides a safe, non-threatening way for the divorcing spouses to get their own sides to agree on the terms they want. When this happens, the spouses aren’t under any fear of being judged by other people present in the situation. Divorce Mediation is not an emotional process; therefore, it results in a more efficient way to reach agreements. In some cases, mediation may even help the divorcing couples reunite with their children.
Divorce Mediation is most helpful when the spouses involved are amicable and do not wish to go to court. In these instances, divorce mediation is a less expensive and more effective alternative to a long-litigated divorce that can consume a lot of time, money, and energy. It also results in less time spent with the children, less stress, less anger, less bitterness, less turmoil, less paperwork, and less cost. With a divorce mediation, the divorce process takes less time and presents less risk of conflict with the children. This is because everything is settled beforehand. In most cases, couples come to an agreement within forty-five minutes, so there’s plenty of time to properly make decisions and get things settled without having to fight.
Another benefit to using divorce mediation is that the attorneys don’t have to participate in the case if they don’t want to. While the lawyers usually participate in the proceedings, they only do so if they feel that it will benefit their client. This is because the mediators can provide them with a neutral party to assist them with the case and protect their client’s rights, allowing the attorneys to focus on their client and the real issues at hand.
There’s a much higher success rate when using divorce mediation. When the spouses come to an agreement before the mediation begins, there’s a very high likelihood that the spouses will reach an agreement by the end of the mediation process. When one or both spouses try to fight out an issue in court, the chances of the judge making a decision about the real issues isn’t very good. When spouses are able to reach an agreement before going to court, the chances of the judge favoring one spouse is much less likely. Again, this results in less time spent in front of the judge and with the added benefit of attorneys being less involved.
Even if a judge doesn’t agree with one spouse, both parties can still go to divorce mediation if they’re satisfied with the outcome. Both sides may present their proposals and if the mediator likes what both parties have to offer, he or she might recommend that both spouses sign the agreements. Then, either party can choose to trial the agreements and if no matter what, the spouse of the attorney represents can walk away from the experience feeling satisfied.