Divorce mediation is a non-legal alternative dispute resolution method; it takes away the full legal trial process of the court room and it reduces the possibility that the spouses actually take control of the divorce. The spouses effectively take over the mediation process instead. They are able to have their needs and desires, as well as those of their spouse, considered by an impartial, experienced mediator. This process also reduces your overall attorney fees.
Divorce mediation can be used in family law as well. There are many advantages to this process including reducing the costs of litigation, the amount of time spent on litigation and creating a better environment for everyone involved. If you and your spouse have been engaging in litigation for some time, mediation may be an option to consider. Family law generally handles divorce cases; therefore, the chances of a mediator being familiar with family law are high. This person will know how to handle the specifics of your specific situation which can make the entire process much quicker.
When entering into a divorce mediation, one important thing to remember is that there is no final court date set for the mediation process. You and your spouse should be aware that this is simply a courtesy; no one is getting married until there is a final court decision. In some cases, the divorce mediation may be scheduled for one week; however, in other cases it may be able to continue for up to one month. In either case, the agreement that you reach through the mediation process should be legally binding. If at any point during the agreement process you feel that you have been taken advantage of or that the other party did not properly deal with the issues, then you should file a complaint in family court.
It is very common for divorce mediation to occur after the filing of a divorce petition. This occurs because most individuals do not feel comfortable proceeding with a divorce mediation without having had the opportunity to have their day in court. Therefore, once the paperwork has been filed with the courts, the spouse filing the petition usually requests that a pre-trial mediation be held to attempt to reach a conclusion that is agreeable to both parties. In some instances this pre-trial mediation may result in an agreement that is far more favorable to the plaintiff than the defendant.
Another reason why divorce mediation may occur after the filing of a petition is if the spouses are extremely unhappy with the progress of the divorce proceedings. In this instance, the individual seeking the divorce may choose to go to the mediation process as a third party so that both spouses can work out an agreement between themselves. In many instances, if both spouses reach a settlement during the divorce mediation, their spouses become satisfied with the result and they reach an agreement without the need to take a trip to court.
There are several different types of divorce mediation, each with their own unique purpose and characteristics. One type of mediation involves the use of an impartial third party who assists the parties in talking through their problems. This is considered the most traditional form of mediation. Another form is called collaborative mediation and is used when one or both sides are confident that they have reached an agreement but want to be able to present it to the other party. Finally, there is individualized, or one-on-one, mediation.
Because of the significant input required during divorce mediation, it is highly recommended that both spouses participate in the process. When both spouses participate, it facilitates a more productive and professional session, while providing the opportunity for spouses to discuss their children as well. It also allows them to address their concerns about the litigation in terms that they can understand, rather than speaking over their children’s heads. Also, divorce mediation provides the opportunity for the parties to explore their best interests as well as those of the children. By involving everyone, the spouses and their attorneys are better able to communicate and settle their disputes.
The vast majority of divorcing couples who use divorce mediation have found it to be a highly effective method for resolving their differences. Not only does it help them avoid a costly court battle, but it often leads to an agreement that is much more fair and equitable. In addition to saving time and money, divorcing couples who use divorce mediation have better opportunities for reaching a financially comfortable settlement. The process requires the input of both parties and results in a more mutually satisfactory resolution of all marital concerns.