Divorce mediation is not a substitute for hiring a divorce attorney. However, you may want to hire an attorney if you need help preparing for the mediation, coaching you during the negotiation process, or reviewing a formal settlement agreement. Divorce attorneys can offer consultation and handle specific tasks, or they may choose to use mediation for certain issues. For example, a court may order you to use mediation to settle custody issues.
Divorce mediation involves a third-party, neutral third-party, who helps the couple negotiate a settlement. Divorce mediation is not suitable for certain situations, such as domestic violence, drug abuse, or child neglect. In these situations, the divorce court may be the better option. For this reason, court mediation is generally free or offers reduced fees. It is important to choose a mediator carefully to ensure your satisfaction. You should also research the mediator’s qualifications, experience, and reputation before deciding to hire them.
During a divorce mediation, the spouses typically discuss marital property, child support, retirement assets, real estate, and business valuation and sale. While not every divorce case involves all these issues, many do. Some cases do not involve child custody or child support. The majority of cases involve property distribution and some type of support. Depending on your circumstances, a mediator may be necessary. If you cannot agree on anything, you should seek alternative dispute resolution.
During a divorce mediation, both parties must present financial documents and other relevant information. The mediator will review the assets and debts of both spouses and help you to negotiate a separation agreement. It is important to note that divorce mediation is not a substitute for going through the court system, but it is much less costly than going through the court system. You should consider going through this alternative if you can afford it. You and your spouse will benefit from this method.
In order for mediation to be effective, both spouses must be open and ready to participate. Otherwise, a divorce mediation could bog down and take longer to come to an agreement. You might choose to have your spouses meet with a divorce mediator who has a specific area of expertise. For instance, if you have children or need to divide assets, you might need someone with a background in finance or interpersonal conflict resolution. Your spouse may also need to undergo couples therapy before engaging in a mediation session.
In divorce mediation, the parties meet with a neutral third-party, a divorce mediator. The mediator does not take sides and does not give legal advice. Instead, the mediator helps the two parties to communicate, negotiate privately, and come to an agreement. In addition to being cheaper, divorce mediation is less stressful and emotional than going through the court system. Further, divorce mediation can help reduce the caseload in the Family Court System. It is recommended for divorcing couples who can handle conflict and still remain amicable.