Divorce Mediation – What Is It?
Divorce Mediation is an alternative form of litigation that is often employed in a low cost, no win no fee situation. Divorce Mediation consists of the neutralization of the tension between two individuals or couples involved in a divorce proceeding. Divorce Mediation can occur prior to a divorce case or on its own. Divorce Mediation can be an extremely helpful tool for the couples involved in a divorce case. Divorce Mediation generally utilizes a neutral third-party individual or organization, called a “mediator,” to facilitate the negotiation and discussion surrounding an amicable outcome.
Divorce Mediation typically involves the use of written documents, email, telephone calls, and one-on-one interviews. Divorce Mediation can be accomplished quickly, within a reasonable period of time, and with little or no expense to either party or their attorney. Divorce Mediation is designed to provide a neutral forum where the parties may communicate and resolve issues that are key to their relationship and to their futures as married couples. Divorce Mediation allows a neutral third-party individual or organization to mediate the important communication aspects that are required to begin and maintain meaningful relationships. Divorce Mediation offers many benefits for spouses who are having a difficult time communicating with one another.
One of the primary goals of divorce mediation is to create an agreement that will satisfy all of the needs of all parties. In order to achieve this goal, both attorneys and clients participate in the discussions. Often, once the agreement has been formed, it is filed with the courts. Divorce Mediation does not have a binding effect on the outcome of any legal proceedings, including marital affairs. It is typically intended to offer guidance and assistance, rather than a definitive judgment on a specific dispute. However, if both attorneys and clients cannot agree on key elements of the agreement, divorce mediation can help them arrive at an agreement that they can both live with.
One of the primary reasons that couples choose Divorce Mediation over other options, such as a trial, is the cost associated with going to court. In most instances, the cost of a trial is significantly more than the costs associated with a divorce mediation process. Divorce Mediation involves the cost of the service of a neutral third-party mediator, as well as the cost of professional fees for attorneys. Both parties may be responsible for other costs associated with a litigated divorce, including depositions, witness travel expenses, attorney filing fees, trial preparation costs, and other out-of-pocket expenses.
Many divorcing couples also choose to engage in Divorce Mediation because they do not believe that they can adequately retain the services of an attorney and retain the services of a qualified divorce mediator, or they may not desire to expend the time and resources required to complete the litigation process through court. In addition, some individuals who are represented by an attorney fail to appropriately appreciate the importance of selecting an experienced professional to assist them in the mediation process. Regardless of these concerns, divorcing couples should always contact a competent professional to conduct an unbiased review prior to beginning the Divorce Mediation process. This will help ensure that the divorcing couple receives the highest level of satisfaction from the entire Divorce Mediation process.
A key reason why most divorcing couples choose to utilize the Divorce Mediation process is that they are able to obtain a more affordable agreement than if the case were to proceed to trial. The cost of a divorce mediation process can be comparable to the cost of a trial. On the other hand, if the case were to go to trial, the divorcing couple would need to invest in their own personal attorney, hire a judge to preside over the case, and spend a significant amount of time preparing the case for trial.
Many individuals wonder what type of financial information they will need to produce during Divorce Mediation. The fact of the matter is that both spouses’ financial information will be considered during the Divorce Mediation process. Specifically, the husband and wife will be required to provide the marital property inventory, current financial information, and any agreed agreements. It will also be important to have copies of any home ownership agreements, divorce decree, legal records, and other documents that impact the assets.
Divorce Mediation does not necessarily mean that the parties will not pursue litigation if they do not agree to the settlement agreement. Indeed, the majority of Divorce Mediation outcomes do result in settlements that are very satisfactory to the divorcing spouses. However, it is also important to remember that both attorneys and their clients (clients) can achieve a positive outcome without ever having to go to court. Divorce Mediation provides the divorcing spouses with an opportunity to work out an agreement outside of the courtroom. This ability to avoid the costly and lengthy ordeal of going to court may very well allow both attorneys and their clients to move forward with this resolution much more quickly.