Types of Divorce Mediation
Divorce Mediation is a cost effective alternative dispute resolution method for couples going through a divorce or marriage separation. Divorce Mediation is a flexible interactive meeting between you, your lawyer and a neutral third party. Divorce Mediation is sometimes preferable over a court trial. Here are some things to expect from a professional Divorce Mediator:
Divorce Mediation is a non-invasive, non-legal alternative to the expensive litigation and extended court proceedings that occur during a divorce. Divorce Mediation is a two-way interactive meeting between you, your attorney and a neutral third party. Divorce Mediation is an affordable alternative to lengthy court proceedings. This type of mediation is intended to resolve certain specific issues affecting the children, each party, their needs, interests, property and debts. Divorce Mediation is helpful in expediting the divorce process, saving time and money for both parties.
The Divorce Mediation Processes in 4 Stages: Pre- Agreement, Analysis, Assessment and Maintenance. The Divorce Mediation Processes begins with the Pre- Agreement. During this stage, each spouse makes an agreement to clarify the terms of the marital settlement and payment terms. The analysis stage of the Divorce Mediation involves the examination of each spouse’s needs and strengths; and the weaknesses and needs of the other spouse. The final stage of the Divorce Mediation process requires an assessment of each spouse’s needs and requirements.
Amicable Divorce Mediation. An Amicable Divorce Mediation (ADM) is a mutual agreement reached by the spouses in which they agree to submit to the mediation and where neither wishes to proceed with litigation. The duration of an Amicable Divorce Mediation can vary from two weeks to four months. A Certified Divorce mediator can facilitate this type of mediation. ADMs are generally used before a trial. They also offer quicker resolution of financial matters including debts.
Post- Agreement Divorce Mediation. The Post- Agreement Divorce Mediation (PADM) is a more extensive pre-settlement form of Divorce Mediation than are typical Mediations. It requires the participation and agreement of both spouses’ attorneys, which may require a lengthy court hearing. PADMs are utilized when there is a possibility of an out-of-court settlement. The purpose of a PADM is to obtain more information for the purpose of reaching an agreement that will be in the best interest of all parties involved in the divorce proceedings.
After an agreement has been reached, the next step is for the parties to submit stated facts to the Divorce Mediator. The details can include; household information; financial information; property information; spousal support arrears; children’s custody; and other specific agreements that are necessary to the final Agreement. The Divorce Mediator then analyzes the information provided to determine whether or not the marital settlement agreement is in the best interest of each spouse.
Post- Agreement Divorce Mediation (PAID). If an out-of-court settlement has been made, the Divorce Mediation is designed to resolve any issues that were not resolved during the traditional divorce mediation process. A PARE is typically used if there was a compromise agreement reached during the divorce proceedings. A PARE is considered a form of summary judgment alternative. In the event of a PARE, the mediator makes a finding about what should have been a final Divorce Decree, but the decision is still left up to the court.
If an agreement cannot be reached with both spouses, a third-party impartial third-party mediator is appointed. This mediator is selected by the attorneys and the spouses. If there is still no agreement, the attorneys must enter into the court system a written agreement. If all court matters are handled through the divorce mediation process, spouses will be better able to address their current economic, legal, emotional and custody situation. This often leads to an improved communication between spouses, which also leads to the quicker resolution of divorce litigation.