Divorce Mediation – Why You Should Explore Divorce Mediation
If you and your soon-to-be ex-spouse are having a hard time communicating, amicable Divorce Mediation might be just what you need. It’s not necessary for you to go to court when working with a professional mediation service. A neutral third-party individual (a mediator) will help you both parties develop a clear understanding of your needs and desires. You and your soon-to-be ex-spouse may come to an office meeting with an amicable and experienced Divorce Mediation expert for about one hour. During this time, both you and the neutral third-party mediator will discuss your marriage or relationship issues, your rights and legal obligations, your personal assets and liabilities, your joint financial plans, and other important matters that must be settled between the two of you before a final agreement is reached. Divorce Mediation allows you to reach a quicker conclusion to your divorce matters.
The goal of the Divorce Mediation process is to assist you and your soon-to-be-ex spouse to arrive at an agreement that is fair to you, your children, and your divorce mediator. This process will allow both you and your spouse to work together to divide and/or pay for your marital debts without unnecessary legal entanglements. Divorce Mediation is a much faster and easier alternative than divorce court. Without a lawsuit, there is less litigation, more time to gather important documents, fewer witnesses, and less expense. However, there are a few instances where Divorce Mediation isn’t feasible, such as if one of you is unwilling to cooperate, or if you want to continue your case in court.
In the state of Massachusetts, divorce mediation can take place in the following locations: Suffolk County, state courts, the Family Court, the Supreme Judicial Court, the Federal Courts, the Probate Office, and the Island. Unless otherwise specified, a divorce mediation service is provided by the same attorney that represents you in your court proceedings. Divorce Mediation cannot occur on a deserted island or in a hotel room. It is less stressful for everyone. A judge is not involved, witnesses do not need to be present, and the process can be completed quickly.
You may choose to try collaborative divorce mediation if you and your soon-to-be ex-spouse can agree on child custody, alimony, and other important areas surrounding your divorce. Without a collaborative divorce mediation, you may need to resort to a contested divorce, which could drag on for years. Under collaborative divorce mediation, you and your partner will meet with a neutral third-party individual, and you will be able to settle the contested issues between you prior to a scheduled meeting with your ex-spouse.
Some couples choose Island Divorce Mediation, because the process is quicker and easier than traditional divorce mediation. Divorce Mediation can occur in two parts: on the Island or off the Island. When a couple chooses to have their case settled off the Island, as opposed to on the Island, they both have to agree to the terms before the hearing. Island divorce mediation is usually held during the first week in June, after the High Court has issued its ruling on the case. The mediators are experienced in local customs, and can assist you in narrowing the differences between you and your spouse. Typically, they will make suggestions and offer impartial guidance through the negotiations.
If your divorce mediation on the Island is scheduled in early June, you will be able to keep all of the records, including your divorce attorney’s billing records, but will not have the ability to discuss any specific terms of your settlement with your spouse prior to the hearing. Your divorce attorney will be able to review those records and advise you as to whether any part of your settlement is suitable based on the advice he receives. In most cases, if a divorce mediation on the Island takes place in early June, you will not have the opportunity to discuss any specific issues. These discussions are held in camera, so any images or proof you provide to your spouse will not be able to be used against you. However, if you wish to discuss any issues–including the division of property and alimony payments–you will be able to do so at the conclusion of the mediation. Again, you will need to provide your divorce attorney with any proof you require.
Many couples choose to participate in an Island Divorce Mediation rather than have a full-blown court trial. (In the Islands, the parties are rarely present at a trial unless it is a matter of divorce involving children.) Through divorce mediation, many couples find that the lengthy litigation process doesn’t benefit them or their children. Moreover, the lack of a judge’s signature and the additional time it takes to go through the many papers required by a trial make court proceedings inconvenient for many couples.
If your marriage has come to an impasse and divorce mediation seems a good alternative, contact a reputable San Francisco divorce lawyer who specializes in collaborative divorce law. In an uncontested divorce, both parties are represented and have a chance to work out an agreement outside of court. The process can help you achieve a peaceful and fair settlement without having to go to court or spend a great deal of time and money. Divorce Mediation in San Diego offers you and your spouse the chance to begin working out an agreement that is in the best interests of all of you.
