Divorce Mediation Can Benefit Both Spouses
Divorce mediation is an alternative to traditional divorce that can save you both time and money, and most importantly your sanity. Divorce mediation is essentially a non-invasive, confidential agreement process utilised regularly in courts across America that has proved successful for thousands of couples. The concept of divorce mediation originated from the efforts of one man – Jack Gore. Jack Gore made the decision to try out mediation as a way to achieve peaceful divorce proceedings. He felt that because he and his wife had been arguing so vocally over issues related to their marriage, it was important that they tried out a less confrontational method of resolving their difficulties.
Most people would agree that the primary purpose of a divorce mediation is to reduce the high levels of anger and resentment that usually develop during divorce proceedings. Most people do not enjoy talking about the problems that they are having in their marriages, but being able to calmly discuss them with your spouse is extremely beneficial. Through divorce mediation, spouses are able to talk to their respective lawyers and come to solutions that are acceptable to both parties. The result is usually a more affordable, more amicable divorce settlement.
In divorce mediation, both parties are represented by a licensed and experienced divorce lawyer or a family mediator. The objective of the meeting is to arrive at an agreement that will be acceptable to both parties without an attorney present and without using any undue pressure or intimidation. Once the agreement has been reached, the mediator then serves as a neutral third party to make sure that both parties are satisfied with the results.
One of the primary goals of divorce mediation is to arrive at a parenting plan that meets the needs of each parent. Typically, the parents’ preference will be considered. If you wish to pursue joint physical custody, your spouse will have to work hard to get his or her way on the child custody issue. If you prefer joint physical custody or equal parenting time, your spouse may need to work hard to convince the court that he or she is the best parent. This is why it’s important to be represented by a highly experienced divorce lawyer or attorney.
If you live in a state that has a no-fault divorce, then it is likely that the courts will award joint or equal parenting time with both parents. For instance, if both parents share equal legal custody, the judge will likely award equal child custody and visitation rights to both parents. In addition, if one parent is incarcerated, the court will likely order joint legal custody and visitation. In these instances, the mediator will attempt to mediate a reasonable and fair child custody and visitation agreement between the two parents.
It’s important to understand that divorce mediation may not be right for every situation. Although it does help to reduce your divorce issues to an agreeable amount, divorcing couples are often very sensitive about the way they feel and the emotions that they experience. In addition, some divorcing couples do not like the idea of their spouse participating in a process where they have to be “put on display” so their children can see their parent’s shortcomings. This may be especially true of parents who have a history of physically or emotionally abusive relationships.
But divorce mediation may be a good alternative for many couples. Not only can it provide much needed relief from the high level emotions that are so often associated with divorce, but divorce mediation may also result in a significantly lower cost to the parties. By working together through a neutral third party, divorcing couples can save a lot of money. Because divorce mediation is often less expensive than a full-blown legal battle, couples may also be able to avoid the exorbitant fees often charged by divorce attorneys. Plus, by working with a trained divorce mediator, couples may also be able to resolve issues outside the courtroom that might otherwise be impossible to resolve.
If your spouse engages in any behavior that rises to the level of domestic violence, it would be wise to seek help from an experienced divorce mediator. A professional mediator with expertise in domestic violence, child abuse, self-defense, landlord and tenant issues, and other related areas may be able to help you and your spouse come to terms that benefit all involved. If you think your spouse may be displaying signs of physical or emotional abuse, it would be wise to seek legal advice from an attorney who specializes in these areas.