Divorce Mediation – Is Mediation Necessary?
The process of divorce mediation may help couples who are having a difficult time communicating. This process may also help the couple save money. Divorce Mediation is an affordable alternative to expensive divorce court trials. You and your spouse both come to an office for about one hour to meet with a licensed and experienced Divorce Attorney who specializes in Divorce Mediation. Divorce Mediation does not judge the couple; rather, it provides the couple a safe, comfortable place to communicate their concerns. This meeting provides the couple with a great opportunity to communicate their thoughts and feelings clearly, while the professional mediator keeps the environment professional and courteous.
In most cases, divorce mediation is quicker than the lengthy litigation that occurs in divorce court. In mediation, there is an opportunity for each party to air their views and feelings uninterrupted by the other person. In addition, in divorce mediation, there is a better understanding of each party’s position. It also provides the couple an opportunity to explore their true feelings regarding their divorce. Divorce Mediation often allows the parties to come together and resolve their questions and differences without having to go to trial.
On the other hand, divorce mediation does not always guarantee that the parties will come together and end their marital relationship. If the parties can’t agree on child custody, visitation, or any other issue, then they will need to go to trial. When going to trial, the divorce attorney may represent one party and the other party may represent themselves. In some instances, the trial will be done under supervision of a court-appointed attorney, but all proceedings will be private.
Whether you are having a trial or going to mediation, it is important to have the right tools and information to ensure your success. Having access to a competent and qualified divorce mediator is essential to your success. You will want to make sure that the mediator you choose is experienced and qualified to deal with your particular type of divorce. You should do your research about the mediator to determine if he or she has experience working with your specific issues. You should also consider asking the mediator questions to make sure he or she understands your situation thoroughly.
Before your trial date, it is important to prepare a draft of your separation agreement and gather all of your documents and paperwork. This will enable the divorce mediator to understand both sides of your case and to help you resolve any issues you have. The more documentation you provide to your divorce mediator, the smoother the process will go. Your spouse may be agreeable to some extent, but it is important for the agreement you make to include all of the necessary provisions to resolve the issues you have been dealing with.
One of the biggest benefits of divorce mediation is the cost savings. There are a number of resources available to you for helping you afford a divorce mediation. Many times, the attorneys’ office will offer a free consultation so that you can weigh the pros and cons of hiring them to mediate. Many times, the services of a divorce attorney can be less expensive than having one mediation. Mediation can be very time consuming and if you do not have the time or energy to attend standard court proceedings, the services of a divorce attorney may be beneficial.
Once the parties have decided to have a divorce mediation, they must find a qualified divorce mediator. There are no national guidelines on how to select a mediator, however, the Better Business Bureau (BBB) provides information on the service providers they recommend. Once the names of potential mediators are known, the parties can schedule a preliminary meeting to interview them. This interview is usually a one-one-time encounter during which the parties will review their written agreements, obtain a copy of the agreement for future reference, and discuss issues with the mediator. The parties should be comfortable with the mediator and should feel like the professional is communicating the settlement terms clearly and fairly. It is important that the parties feel they can communicate with the mediator clearly and fairly as a mediator cannot make assumptions about the behavior of either party.
One thing to keep in mind is that even if the spouses have an amicable initial meeting with a divorce mediator, once the session concludes the mediator will make his/her own decisions regarding the settlement. So it is important to be fair to your spouse and listen carefully to their concerns. It may be helpful to your spouse if you suggest to your spouse that he/she try the services of a divorce attorney instead of a divorce mediator, however, in many cases, the divorce attorney can provide a better service and may be able to get the terms more favorable to you.
