Divorce Mediation – Steps For Use With A Divorce Attorney

Divorce Mediation

Divorce Mediation – Steps For Use With A Divorce Attorney

Divorce mediation is a non-formal alternative dispute resolution method. A divorce mediation specialist assists couples resolve all the issues which require addressing during a divorce. This may include child custody, alimony, time sharing, a parenting plan, property settlements, and other financial matters. For any couple wishing to achieve peaceful resolution to their divorce proceedings, the use of a mediator is highly recommended.

Divorce mediation is a much more affordable option than going to court. By utilizing the services of a licensed divorce mediator, you can save both time and money. Many times, divorcing couples who choose mediation as a mode of resolving marital problems can achieve an agreement which is just below the level of legal negotiation which would be achieved by both parties in a one on one courtroom trial. It also gives the divorcing parties an opportunity to communicate their concerns and emotions in an environment without the interference of an attorney. There are several benefits to utilizing the use of divorce mediation as opposed to court proceedings.

Affordable Divorce Mediation: Using a divorce mediation may reduce your legal fees significantly. Mediation can be done for free if both parties agree to participate. If one party files for bankruptcy, the court may not require the other spouse to complete mediation. If a party chooses not to attend mediation, the court usually does not have the ability to make a determination regarding the divorce unless it is initiated by the parties. As an added benefit, if at any time a party decides that mediation was not effective and does not wish to continue the mediation, there is no legal cost associated with the parties since the mediation was unsuccessful.

Time Efficiency: One of the biggest issues surrounding the mediation process is time efficiency. When both parties agree to participate and get the matter resolved, they can get back to being their normal selves shortly after the mediation process ends. If a spouse does not participate in the mediation process, the court will have jurisdiction over all matters pertaining to the divorce, including property settlements. The other spouse is usually required to give their full, true, and honest financial information to the court, which can be time consuming. This information is also used in calculating alimony payments and other financial issues. In many cases, divorcing spouses are unaware of or do not properly understand their current financial situation.

Conflict Free Divorce: When one or both parties decide to participate in a mediation process, there is little or no chance that there will be a heated discussion when the matter goes before a judge. Both parties are very aware of all facts and are able to settle on a settlement agreement fairly quickly. When a heated situation occurs outside of the mediation process, it can be very difficult to resolve. The mediator keeps the peace by being impartial and letting both parties do their part to reach a satisfactory agreement.

No Guarantee of Final Resolution: A common problem with divorce mediation may be the possibility of a ‘clash of understanding’ between the divorcing parties. This occurs when one or both divorcing parties are not fully satisfied with the settlement offer made by the mediator and do not feel that they should sign the agreement if the court chooses to enforce it. In these situations, both parties must be fully prepared to present their case before the court and attempt to resolve any differences they may have.

Time and Resources Saved: When parties participate in a mediation, they are able to address issues one at a time rather than attempting to tackle issues one by one. This means that each issue is handled in an appropriate and timely fashion. By being able to handle the divorce litigation in less stressful fashion, attorneys can devote more time to their clients and receive greater satisfaction from the entire litigation process. Mediation also prevents the process from consuming too much of an attorney’s time, which results in a higher cost for the client. In addition, by allowing each party to take responsibility for the mediation process, the attorney is able to focus on the most pressing matters.

No Guarantee of Reinstatement: Mediation does not guarantee that a marital residence will be altered following the mediation sessions. If a party refuses to participate, then it is not likely that the other party will agree to the terms that have been presented during the mediation sessions. It is possible, however, that the other spouse may agree to modify the terms that have been presented during the mediation session. However, once a marital residence has been altered by the other spouse, the spouse who was not the subject of the marital residence or who has left after the dissolution, will be the one that will have to get re-established if the other spouse does not agree with the new marital residence’s terms. The experience that the mediator provides both parties gives them a better opportunity to come to an agreement without the presence of a judge and to avoid the need for a trial.