Amicable Divorce – Is Mediation a Good Alternative to Traditional Divorce?
Amicable Divorce: It is no longer taboo in the courts and more couples are finding success through amicable divorce. Many years ago, a divorce could be handled with only a divorce mediator. These are professionals who help couples communicate and negotiate so both parties can agree on a plan of action that respects their individual needs and values. If you are a couple who is having difficulty communicating, writing, or negotiating an amicable divorce, then it may be time to turn to a divorce mediator for help.
You may wonder how a divorce mediator can help. Consider a few ways a divorce mediator might help. The mediator will use his or her expertise to keep both parties calm during the process. You do not want to lose too much face time with your former spouse right away, especially if there are children involved. A divorce mediation agreement is usually written with both parties in mind, and both of you are included in the process. Even if an amicable divorce mediation agreement has been drafted, both you and your spouse will still need legal representation.
Both you and your spouse should understand the process and what to expect from divorce mediation. Some couples resolve their own divorce disputes without the help of divorce mediators; however, most mediations require some sort of agreement between the two parties. Your divorce mediators’ job is to assist you with drafting an agreement that reflects your individual values and priorities. They will also coach you and your former spouse on how to communicate and negotiate with one another.
During mediation, your divorce attorneys will present your case and help you develop an amicable divorce settlement. During this time, your attorneys will work on the details of the agreement with your spouse. They can also advise you on the best course of action to take if the agreement does not meet your needs. Divorce mediation can be less expensive than going to trial. It may even save you money because a mediator may be able to negotiate a more affordable agreement for you or your former spouse.
If you prefer a collaborative divorce, one party prepares all of the documents and enters them into court. Each partner then brings their own lawyer to provide legal advice to the other party. Mediation is often conducted without any judge supervision, at least initially. The terms of the agreement between each partner are negotiated in house, with the goal of reaching an agreement that both will accept.
Both you and your spouse should agree to the terms of the amicable divorce before the mediation begins. If you and your spouse cannot agree, your case will not proceed until the case is settled through arbitration. This means that the parties are generally required to find an impartial “neutral” person to mediate their case. This is usually a neutral party who comes from a different field of expertise to both parties and can fairly represent both of them. In some states, this person must have a good record of fair-dealing.
When spouses are unable to agree on terms of the divorce, they will probably enter into divorce court and submit their case to a judge. A judge will listen to both sides of the divorce and make a decision. One of the parties (the divorcing spouse) will hire an attorney, while the other (the divorcing spouse’s attorney) will present their argument before the judge. If either party’s attorney does not present their case before the judge, the divorce will be denied. Both attorneys are required to follow the State divorce law and present all of their arguments before the judge.
If you want a peaceful divorce, do your research and hire a professional divorce mediation specialist to help you achieve your divorce settlement. You will be satisfied with the outcome. You can find a reputable mediation provider by doing an online search.