What Is Divorce Mediation?
By: Megan Mason
Divorce Mediation is a process that helps both parties reach an agreement on the terms of their divorce. Mediation usually involves discussing marital property and issues relating to child custody and support. It may also involve discussing retirement assets, real estate, and a business sale or valuation. However, not all cases involve these issues. Some cases do not involve any child custody or support issues at all. In such cases, the divorce mediator can only help the parties reach a mutual agreement.
In order to achieve an agreement, the mediator advises clients about applicable law. A divorce mediator will also work to resolve maintenance, child support, and child custody issues. Child support is a complicated financial issue that is governed by guidelines. A mediator experienced in New York divorce law can explain all the applicable guidelines in terms that are easy to understand. By working with the parties in a non-threatening, confidential environment, divorce mediation can help couples reach an agreement that benefits them both financially and emotionally.
Some people are uncomfortable discussing their feelings during divorce mediation. They may be frightened of the process or may not understand their legal rights. As such, they might end up receiving an unfair settlement. They also may become overwhelmed with the divorce process. As a result, it is important to do your homework beforehand. For example, mediation can be used to discuss issues related to child support and spousal support, as well as the division of marital property and debt.
One of the great benefits of divorce mediation is that it is fair to all parties involved. The mediator does not have an interest in the final outcome and can help present options for settlement. Moreover, the mediation process is confidential, so there is no court reporter present. This helps the process go more smoothly. Additionally, it can save the divorcing couple a lot of time and money.
In divorce mediation, a neutral third party helps the couple to work through issues and reach a mutual agreement. However, some types of issues are inappropriate for mediation. For example, cases of domestic violence, child abuse, child neglect, or drug abuse are not appropriate for this process. However, if a couple chooses to use divorce mediation, the mediator will usually offer them a free first session. They may also offer discounted rates for follow-up sessions.
A divorce mediation session usually lasts two hours. The length of time it takes depends on the complexity of the case and the number of sessions required. Couples can attend as many as four or six mediation sessions in a month. For more complex cases, it may take four or more months to complete the entire process.
If there are children involved, the divorce process becomes even more complicated. Therefore, it is necessary to choose an experienced mediator who knows how to handle the different issues related to children. This way, both parents will be able to communicate freely. The mediator will be able to alert them to details and help them complete the necessary paperwork. In addition, divorce mediation will reduce the time that it takes to reach an agreement. It can also help the divorcing couple to settle their differences and reach a new agreement.
However, if a couple is unable to come to an agreement, they may have to go to court. This can be a costly experience for both parties. Divorce mediation can help these couples avoid the emotional turmoil associated with divorce. Furthermore, it can also help them avoid the court process.
The benefits of divorce mediation include better communication, less confrontation, and a better parenting plan for children. Mediation also fosters a more positive relationship between parents, which is critical for the future of their children. Finally, divorce mediation allows couples to end their marriage on their terms without harming children. The process is often more satisfying for both parties, and is a humane way to divorce.
Although divorce mediation is beneficial in some cases, couples may not be able to reach an agreement on all issues in one session. The process will take longer if there are many issues to settle. If there is a problem with dividing the family home, or the division of other assets, mediation may not be the best option. In such cases, the parties may need to hire separate experts.
While divorce mediation may be beneficial for couples who are considering a collaborative divorce, the parties involved must be willing to share financial information. This information will prevent the other party from using it against them in court.