Divorce Mediation Helps Couples Work Through Divorce Issues
A separation often generates feelings of resentment and anger, but sometimes emotional conflict leads to divorce. If you and your partner wish to avoid a lengthy court hearing, discovery, finger pointing, and an expensive trial, you can benefit from divorce mediation. Divorce mediation is less expensive and less time consuming than traditional litigation. A mediator (an impartial third party) facilitates communication between the divorcing couple and their lawyer. Divorce Mediation can result in a quicker and more affordable final settlement than if both parties proceed with litigation.
Divorce Mediation is facilitated by a licensed therapist or psychologist and is generally preferable to the services of a lawyer. A divorce mediation takes less time than a lengthy trial. During mediation, the divorcing spouses meet with a neutral third party who facilitates the communication process. The divorcing spouses then discuss the issues and obtain agreement on a plan of action. If the divorce mediation process takes longer than expected, it is likely that a short court hearing will be scheduled before the final decree is issued.
In some cases, it is preferable to retain an attorney. Attorneys tend to be familiar with the laws and customs governing local divorce procedures. However, unless attorneys are willing to take on the case, it may be better to attempt to work through divorce mediation with the assistance of a mediator. This allows the spouses an opportunity to discuss issues without having to worry about being interviewed individually by their attorneys. An attorney may feel compelled to pursue certain information if attorneys are present, although this is not necessarily to the spouses disadvantage.
Divorce Mediation does require that one of the parties are not an attorney or presently holding an attorney certificate. Most local courts mandate that the divorcing parties complete this step. Divorce Mediation is usually less expensive than a lengthy litigation process in family court. In most locales, a divorce mediation is considered to be a less expensive alternative to a lengthy trial. For the same cost as a one-hour attorney’s office visit, a couple can obtain the services of a mediator for an hour. Divorce Mediation is also less expensive when a couple chooses to use the services of a non-profit organization, such as a church or other charitable organization.
Divorce Mediation has been shown to lower the number of hours that children are alone with their mothers after a divorce. It is not uncommon for the mother to stay home to care for the children during a divorce mediation. Another advantage of divorce mediation is that it helps the divorcing couple to become more open and honest about the issues surrounding their relationship. Through the use of objective outside observation, divorce mediation has proven effective in helping divorcing couples communicate. These days, attorneys prefer using divorce mediation instead of having their clients appear in family court, because they do not want their client to have to take the stand before a judge and tell lies for the sake of getting money.
A majority of couples who begin divorce mediation will eventually end up going to court. There are a number of reasons why many people choose to settle their disputes through divorce mediation. Most of the time, individuals and couples who decide to go to court to resolve their differences do not adequately address or fully understand all the legal issues surrounding their cases; they do not have the education and training to present their cases in a legally correct manner; or they do not have confidence in their attorney or in themselves to resolve their disputes in a timely and favorable manner. Other reasons why divorcing couples resolve their differences through divorce mediation includes: avoiding the cost of litigation, retaining the services of qualified professionals, avoiding the time necessary to accomplish a lengthy litigation process, avoiding the stress associated with a lengthy litigation process, keeping children and other family members safe, avoiding emotional distress and other trauma, avoiding the possibility of future marital conflicts, avoiding child custody battles, keeping a business or financial relationship open after a divorce, avoiding the risk of reputation damage, avoiding a possible change in child custody or visitation arrangement, avoiding the stigma of divorce, keeping children or other relatives safe, and remaining with the people they love.
It is very important that you choose a divorce mediation lawyer who is experienced in dealing with the situation you are involved in. It is recommended that you choose a mediator who has at least five years experience in family law and who is familiar with the family laws of your state. You should be aware of the fees that may be associated with the divorce mediation process. Divorce Mediation lawyers will usually require a retainer, and most will require a percentage of any settlement you receive, along with legal costs if you win the case.
Divorce Mediation can be an extremely stressful and complicated time, but it does not have to be. If you feel as though you cannot manage to resolve your own issues, then you may want to consider using a divorce mediation lawyer. Divorce Mediation can help you to work out the issues that you need to work through without getting involved in court proceedings. Divorce Mediation can be a great alternative dispute resolution (ADR) method for many couples.