If you have children and want to share custody, Divorce Mediation is a great option. A mediator is a neutral third party who can help you negotiate terms. You can use the mediation process to negotiate the best custody agreement and financial settlement. You and your spouse can also work out a budget and determine a payment plan. The mediator can also help you fill out all the necessary paperwork. Here are some reasons to hire a mediator to handle your divorce.
A typical Divorce Mediation session lasts about one hour and involves the negotiation of the dissolution of a marriage. During the meeting, the mediator sets expectations for the two parties. Both parties must sign a confidentiality agreement which states that the mediator will not disclose the contents of the session to the court. While the mediation process is very beneficial, you should still seek independent legal advice before signing any documents. The mediator is not allowed to provide legal advice during a mediation session.
Divorce Mediation – What Does Divorce Mediation Entail?
What is Divorce Mediation? Simply put, mediation is a process through which two independent people with opposite positions on the relationship and issues are able to communicate and settle their differences without the help of a judge. In addition, divorce mediators are trained in family law and may provide free consultations.
Divorce Mediation is usually done before a judge even gets involved. The idea behind this procedure is to reach a mutual agreement regarding the issues between the parties prior to a judge having to make a decision. In effect, divorce mediation helps parties resolve their differences without the cost and complications of a long court battle. Plus, it allows parties to avoid the high cost of hiring an attorney.
Divorce Mediation on long island is when an attorney or licensed mediator meets with a client or spouse in the hopes of coming together on the issues in their divorce proceedings without having to come to Court. Divorce Mediation can save the time and money associated with going to trial. The key thing to understand in mediation is the mediator does not represent either side. This is important to understand because often, when people get angry at the mediator they think the lawyer or mediator are trying to get them to do what is best for them.
An amicable divorce can entail agreement on such things as, but not restricted to, child custody, visitation, alimony, spousal support, property division, and other divorce terms. Once agreement has been reached on key divorce issues, the couple will file divorce legal forms in local family court to actually receive the divorce. This process is referred to as an amicable divorce. A neutral third-party individual will serve as the mediator.
The spouse requesting the divorce will hire a divorce mediator. The divorce mediation is somewhat like a session of court. The lawyer for both parties will meet with the mediator and present their case. At this meeting both sides may offer some suggestions to the other party. Each meeting that the divorce mediation takes place, both your lawyer and your spouse’s lawyer will try to gather as much information from the other party as possible.
Amicable Divorce: A divorce procedure in which the parties voluntarily agree to resolve their case between them without the aid of lawyers, mediators, or other professionals, but also agree not to have a judge decide their case. This is a relatively new term that was coined “namibian divorce” in 1997. There are different interpretations for the word, ranging from total agreement between both parties to a simple disagreement that goes no further than a public statement. The main reason that amicable divorce is considered less contentious is because it uses the “recognition of responsibility” model instead of the “decision maker” model, thereby ensuring the involvement of lawyers. This tends to lower the costs of the divorce process overall, although this is offset by the higher cost of a divorce lawyer.