One of the best ways to begin to heal from a divorce is to work through an amicable divorce. These are often processes utilized in place of full-blown litigation, outside of the normal litigation system. An amicable divorce involves both parties working with divorce mediators to settle their matter without going to court. Some common examples are Amicable Divorce Mediation and arbitration. Here are a few things to know about amicable divorce mediators, how they work, and what you can expect from your mediation experience.
A divorce mediator works with both sides. When you hire an amicable divorce mediator, you hire someone who is neutral, a professional who works under the assumption that both sides have legitimate concerns, and you want them to present and discuss issues in a non-adversarial manner. You will also need to hire your own divorce mediator, but that’s another article! Typically, an amicable divorce mediator will select an attorney on your behalf, and if an amicable divorce occurs, this choice will be obvious.
Before hiring your amicable divorce mediator, ask him or her to review your case and provide information and documentation on the details of the case, and then schedule an initial meeting. During this meeting, your spouse will be able to present his or her side of the story, and you will hear what the other spouse has to say. At this point, it is wise to have your family law attorney present, because he or she will be able to advise you on a number of important items. You will want to ask questions pertaining to the settlement, child custody, alimony, spousal support, child support, and any other issue that might come up during the course of the divorce.
To facilitate an amicable divorce, your spouse and you will have to find a neutral third person, such as a family law attorney, an elder, or a pastor, who can act as the mediator. You do not want the person to be too close to your spouse or you may unintentionally put your spouse in a position to feel swayed in favor of the other party, which can result in an unfair mediation session. Once you have found a neutral mediator, they will be able to take the case and present it to the judge for approval. Once the mediation has been completed, both you and your spouse will be able to move forward with the divorce. As previously stated, a mediated divorce is the preferred option for those who are able to agree on all terms regarding the divorce.
When you take advantage of a mediation consultation, your divorce proceedings will move very quickly through the court system, and it will be very quick for the two of you. The reason why the mediation process works so fast is due to the communication breakdown that often takes place during a divorce. If one party is dominating the conversation, the other spouse will feel as though they are being attacked, and will probably attempt to steer the conversation in a different direction. However, if both parties are talking and the other party is continually interrupting, then the other spouse will feel as though they are being attacked and may feel the need to speak even more strongly, which will end up making the whole mediation process work much more slowly than necessary.
Another reason why the mediation process works so slowly is because many times, your spouse will offer to come to a settlement alone, without an attorney. This is not recommended, as an attorney would be able to offer his or her expertise during a mediation. There are many benefits to having an attorney by your side, which is why it is encouraged that you use the services of a neutral mediator in your amicable divorce. In addition to the advice that your attorney would give, a professional mediator will be able to offer a plethora of other techniques and strategies that will help ensure that you come out the winner when negotiating a divorce.
Using a neutral third-party to mediate a divorce also helps to keep emotions out of the process, as well as ensuring that everyone has a chance to communicate their thoughts clearly. Many people become angry at the mere mention of divorce, especially if they have been involved in a long-term relationship where marital issues have simmered for several years. It can be easy to blow off anger at these discussions, which is why it is important to ensure that everyone has an opportunity to communicate their ideas and feelings during this time. The use of a mediator also helps to ensure that all sides are given a chance to be heard and to voice out their opinions. There have been several cases in which the divorcing spouses ended up making more serious mistakes due to the lack of communication from both parties during a divorce dispute resolution process.
The use of outside help during mediation is an effective way to ensure that everyone has a chance to communicate their thoughts during a divorce dispute resolution session. This process helps to protect the children of a couple who are going through a divorce, as well as it helps to ensure that they get to have some type of say in how the divorce is handled. In the past, divorce mediation has consisted of the spouse asking their spouse to stay out of the room and not argue while the mediator goes over the issues with them. However, in more recent years, divorce mediators have begun using more creative approaches to ensure that children are not left out of the process. These mediation sessions can include games, stories, or even some kind of physical activity, allowing everyone to participate in a successful solution to the divorce.