What is Divorce Mediation? Divorce mediation is an option dispute resolution method; it substitutes the full litigation procedure of court along with it reduces the time both the spouses spend in court. They both take control of the litigation process through a neutral third-party mediator who sit down with both the spouses and this mediator helps both the spouses facilitate negotiations about their differences. This alternative dispute resolution (ADR) technique is particularly helpful in family law matters such as spousal abuse, child custody, division of assets, self-representation, and other financial or emotional concerns. Divorce mediation also reduces the stress and cost associated with going to court.
In order to initiate a Divorce Mediation, the spouse filing for divorce must make arrangements with their spouse’s divorce attorney. Usually the spouse filing for divorce will hire their own attorney, but if this is not possible, they will need to find a competent lawyer who is willing to work on a “limited budget” while taking a financial hardship into consideration. When the initial meeting between the spouse and the divorce mediator is scheduled, the spouse filing for divorce can request the trial mediation first, and then if the other spouse agrees, the proceedings can continue with the mediation.
Although it is more common for spouses to select their own divorce lawyers, some couples do choose to use a third party to mediate the matter. Mediation can be helpful if you have a difficult time communicating with your spouse or if you have a difficult time remembering facts. Sometimes, divorcing couples feel awkward or even scared around their own attorneys. Using a third party to mediate can often times improve communication between the two parties.
Another reason why mediation may be an option for you is when you are dealing with difficult issues regarding child custody, visitation rights, child support or other related matters. Many times, divorce attorneys will refuse to deal with certain issues unless they are brought to their trial. If you are seeking a trial, then you will want to be sure to find a good divorce attorney that will work on a “contingency basis” which means that they will take into consideration what the judge rules in all of the circumstances surrounding the divorce. This means that even if you lose the case, your spouse will still have to pay child support, the standard amount of alimony and any other obligation that are related to the custody and visitation agreement. In the event that you win the case, then the agreement will remain in effect and will be binding.
Unfortunately, divorce mediation often times fails due to one or both sides not wanting to compromise. It is important that when you are working with your spouse’s divorce attorney that you listen carefully to what they have to say because often times the issues can be resolved much better when you come to a clear compromise. It is also a good idea to bring along a friend or family member to go over the details of the agreement to ensure that you truly understand all aspects of the agreement.
Often times, once the marriage or relationship has come to a point where one or both spouses are unhappy with the final results, they will attempt to have an amicable settlement by negotiating with their spouse. It is very important that you have a full understanding of the assets and liabilities that each party is required to maintain. All financial information must be reported to the court that will determine who is served financially and which spouse is financially responsible for supporting their minor children. In addition, you should know exactly how much alimony you and your spouse will be paying. Alimony payments can be decided by the judge based on the particular circumstances surrounding each of your situation.
The third way that mediation can help couples through litigation is that it provides a means to address the core issues that are preventing them from having a successful relationship. By working through your issues with a professional mediator you may be able to identify what your differences are and the ways in which you can resolve them. This type of mediation also offers you the chance to gather important information regarding your other half. If you do not feel comfortable discussing your children’s custody and visitation with your spouse during the course of litigation, you may find that this type of mediation can provide you with the opportunity to gain an understanding of his or her needs and your own needs.
Many individuals utilize the services of an attorney after filing for divorce. There are several reasons why attorneys might recommend the use of mediation rather than a full-blown trial. One is that most family law cases are settled out of court, which requires the involvement of an attorney. Additionally, the cost of a divorce is extremely high, which requires the involvement of many professionals, including lawyers. By using the services of a professional mediator you will be able to achieve the same results as a lawyer without the high costs and without the stress.