A Closer Look at Divorce Mediation
By: Megan Mason
A Closer Look at Divorce Mediation
Divorce mediation is a professionally facilitated settlement procedure utilised most successfully and regularly by married couples wishing to divorce and by domestic partnerships who wish to separate. Divorce mediation involves a neutral third party who facilitates communications between the parties to the divorce and the opposing parties. The mediator assists the parties in overcoming their differences and coming to an agreement about their relationship and property. With the help of a professional divorce mediator, you are able to arrive at a customised agreement for your financial affairs, your family and your domestic relationships.
There are many benefits to using divorce mediation. For example, because both parties are represented by qualified and experienced divorce lawyers, the negotiations are less likely to fail. As each side makes their own representation with the help of a lawyer, they can make sure that the agreement addresses all their needs and makes them satisfied with the final result. Because mediation takes place in an unbiased environment, the outcome is unlikely to be influenced by extraneous or hidden agendas from either spouse.
In addition to this, divorce mediation can resolve issues between spouses that are difficult to resolve through normal marital channels. These include financial difficulties that occur during the divorce, such as the splitting of assets, child custody and visitation rights. In many cases, these problems cannot be resolved without the assistance of an impartial third party, one who can help the parties negotiate their differences so both come out the other side with a sense of satisfaction. In addition, divorce mediation can also be very helpful in resolving conflicts over the division of property, particularly if the parties cannot agree on what the property will be shared and how it will be divided.
Divorce mediation may be tried in a court, but this is not always necessary. Many couples choose to use a neutral third party to mediate their divorce settlement. Using a mediator offers some benefits that may make the mediation process more agreeable for all involved. For example, since the mediators are not attorneys, they are not likely to represent either party, thereby giving each spouse the opportunity to come to an agreement on their own. Since divorce mediation often happens in private, only the parties themselves may attend and participate in the mediation process.
Another advantage of divorce mediation is that it can be much less expensive than going to court. When going to court, one must hire a legal expert who will be paid by the state for his or her services. In most states, the fees you pay to your attorney are a portion of the divorce settlement you receive. If you were to use the services of a mediator instead, the fees you pay are generally based on the percentage of your settlement that goes to the mediator.
When you use divorce mediation to settle your dispute, it is possible to receive fair child custody and visitation. If you had a previous physical abuse or problem with your spouse, a court battle could potentially be necessary to determine who has custody of your child. Using mediation can also avoid a long and expensive court battle that takes a great deal of time, money and energy from both parties.
Divorce mediation can be helpful for many different people, including spouses, attorneys and judges. The mediator you choose to work with will help you to decide whether mediation will benefit you and your children. If you decide that it would be a good option for you, the next step is to get an attorney to assist you. Typically, the fee for attorneys is determined by the complexity of the case. If you have a simple divorce case, a do-it-yourself divorce mediation could be the right choice for you. You may want an attorney to provide legal support and representation during the mediation process.
In some cases, divorce mediation can be done without using an attorney. If you and your spouse can agree on child custody and other divorce related issues, then divorce mediation can help you reach a mutual agreement. Many divorcing couples have found that using a neutral third party to mediate their divorce-related issues has helped them reach a satisfactory agreement. In cases where attorneys are not involved, the divorcing couple can determine the best course of action for themselves and their children. As you can see, divorce mediation can be an important tool in helping divorcing couples to resolve their differences.