Divorce Mediation – An Overview
By: Megan Mason
Divorce Mediation – An Overview
Divorce mediation is often the first option many couples seek when they are negotiating the details of a divorce. Divorce mediation is conducted without the involvement of a lawyer, and both parties participate. There are many advantages to using an affordable divorce mediator and attorney. Divorce mediation can be less expensive than filing divorce papers alone, and allows for an honest and objective analysis of the real differences between the spouses. Divorce Mediation is often less traumatic for children and can provide the parents with a fresh perspective and a chance to communicate their needs effectively.
Divorce mediation is almost always a painful process. It is stressful, time consuming, and frequently fraught with emotions. But it does not always need to be a drawn out legal battle which inevitably results in added financial and emotional pain. Many couples have discovered that divorce mediation helps them determine how they will address the most important practical matters in their divorce, such as dividing up their assets, child custody, and visitation. The process enables both parties to communicate their needs and wants and gives each person a clear sense of what’s important to him or her. In the long run, using a mediator improves the chances of reaching an agreement that both parties can agree upon.
Mediation does not require a lot of work on the part of either spouse. Most divorce mediators will have years of experience as attorneys, and many attorneys offer a free consultation to demonstrate their ability to facilitate the most productive dialogue possible. Divorce Mediation is often less expensive than many other forms of litigation because attorneys are usually unnecessary, and there are many resources available for low cost mediation services. Divorce Mediation may also result in smoother administration of any final decree since spouses will have no other legal issues to worry about once the litigation process is complete.
It is not uncommon for spouses to try to reach an agreement on their own, but an attorney-mediator is likely to make things easier. An attorney-mediator has the added advantage of being able to review and understand any agreements made, making sure the process runs smoothly, and offering their client some guidance along the way. A good divorce mediator should also be able to provide emotional support to their client during this trying time. A divorce mediator should not take sides in any negotiations; he or she should act as an objective third party, providing information and advice to both parties, and assisting them in keeping focused during this difficult period.
If the parties involved are unable to agree, a judge may decide the matter through an expedited divorce hearing. If you are involved in a heated discussion, you may want to think about using mediation. In this situation, both you and your spouse will present their case and the court will determine the matter. If no agreement is reached, then either party can file for a jury trial. In a child custody mediation, the attorney-mediator will serve as the facilitator between the parties, facilitating communications between them and the other spouse.
Many individuals wonder if they can represent themselves in a child support mediation. Unfortunately, your state’s laws will likely dictate if you can or cannot represent yourself during this type of case. If you are a husband and wife who are separating, then it is likely that you will need the services of an attorney to represent yourself. The same is true if you are the wife of an husband who is suing his wife for alimony and custody. Even if you represent yourself in a child support mediation, you will still need the services of an attorney or other qualified professional to protect your interests. As mentioned previously, most states require attorneys to take part in the litigation process, so you should find a local attorney to conduct the mediation.
One issue to consider is whether using mediation may harm your case. There have been cases when individuals who use self-representation improperly (such as trying to negotiate on their own) have done so to their detriment. It is important to remember, though, that a divorce mediator is unbiased and does not have an emotional stake in your case. This will ensure that he/she can truly assist you in making an informed decision. You will also be more likely to receive answers from your spouse regarding the issues you are having, which is extremely helpful in the event you need legal support later on.
Divorce Mediation can be a positive experience for all parties. Using a divorce mediation attorney can help you to achieve your goals, regardless of whether you are using the court-sponsored mediation process or private mediation. If you have several questions about how mediation can benefit your situation, then a professional divorce mediation attorney in your area is the best resource to turn to. Regardless of which option you choose, your lawyer will provide you with the information you need to make an informed decision.