Divorce Mediation is when an individual or couple meets with a licensed mediator or lawyer in the hopes of approaching a mutually satisfactory resolution to the various issues in their divorce proceedings without having to actually appear in court. Divorce Mediation can be a very effective process when it is handled properly. Here are a few things to keep in mind about Divorce Mediation:
A Divorce Mediator is not a legal professional. Mediation is between two individuals, each representing themselves in a legal proceeding. In order to facilitate a successful divorce mediation, it’s important that both parties be represented. The mediator is an impartial party, just like the parties in divorce litigation. The bottom line in divorce mediation is that neither party is actually represented; they are just negotiating and getting to the better place on a settlement.
Divorce Mediation is cheaper than divorce litigation. The majority of couples seeking a settlement will use a divorce mediation instead of going to court. Legal fees can get really high if a case goes to court. In addition, a neutral third party keeps the emotional impact away from the parties.
Mediation is less time consuming than litigation. Most attorneys who provide divorce mediation services have hours that are full during traditional business hours. For most clients, this means that it is a better alternative for them financially. Many attorneys who offer this type of dispute resolution service also offer other types of legal services. The bottom line is that mediation can be much more cost-effective and time-efficient than litigation.
Divorce Mediation is beneficial to both the parties. Often, attorneys charge higher fees for divorce settlement negotiations because the attorneys are drawn into the more complex litigation process, which requires them to seek out additional clients and perform more interviews before reaching a settlement. With mediation, attorneys are able to bring in additional income from the additional business of their clients. The parties may also receive more visitation rights during mediation than with a divorce settlement.
There are several ways that divorce mediation can benefit the parties and the children. First, it provides the opportunity for the parties to discuss issues without attorneys present. While attorneys are trained to present every side of a case, family law experts feel that it is important to take the time to discuss all aspects of the case, rather than focusing only on one aspect. mediation can include child custody, visitation, and alimony. It is better to have more time to learn about all of the subject matters of a mediation session than to have to immediately go to court because of miscommunication or lack of agreement between the parties.
Divorce Mediation is not without its disadvantages. Because it is a collaborative effort, divorce mediation can result in parties that are uncomfortable discussing personal information. Both parties may be uncomfortable discussing or answering questions regarding sensitive personal matters, such as their children, finances, and divorce settlement. If a mediator fails to provide sufficient guidelines or advice to the parties, this can also lead to discomfort amongst all parties during the mediation process.
While the use of a divorce mediation specialist can benefit both parties, there is nothing to guarantee that it will work. Divorce Mediation is just one part of the overall divorce process. It does not mean that a mediated settlement will result in an optimal outcome. Both parties need to speak honestly with each other to reach an understanding and to develop a plan that satisfies them. When both sides cooperate, a successful mediation often results. It is not uncommon for the parties to be able to agree to all of the terms that have been mutually desired.