Divorce mediation is an alternative dispute resolution process used most often and successfully by married couples wishing to divorce and by domestic partnerships who wish to separate from their partner. Divorce mediation can be a relatively simple process or quite involved, depending on the parties, the state involved, and the quality of the mediator. Divorce mediation usually involves two or more parties who wish to resolve their differences through a professionally trained and experienced mediator who will assist them in negotiating acceptable terms for both parties to agree upon. Mediation may take place in one office building, a court house, or an assortment of different locations and is generally much less expensive than going to trial or receiving a legal document signed by each party. It is also less expensive than appealing a court case and doesn’t involve the lengthy time that many people fear is involved when going to court.
In divorce mediation, you will be able to talk with your spouse about your marital issues and obtain an agreement to resolve these issues. At the start of the mediation process, you and your spouse will sit with a neutral third party. The neutral third party will then provide you with the divorce documents and other information you need to begin the divorce mediation process. At this time, you can discuss with your spouse what the mediation process will entail and whether you wish to negotiate some terms regarding the divorce. If so, the neutral third party will assist you in these negotiations and will work with your spouse on an agreement that they can agree upon, as well as one that you can agree on.
In divorce mediation, you can communicate freely with your spouse, as opposed to having to speak through your lawyer or with your spouse’s court-appointed attorney. Through the use of the mediator, you will be able to discuss the specifics of the issues with your spouse without having to go to trial and potentially make a costly mistake. In addition, you will be able to continue discussing issues with your spouse after the mediation divorce has been completed. Therefore, you will not be spending time and money on needless litigation. Again, during mediation divorce, both spouses are free to go on with their lives, while at the same time avoiding further litigation with their respective attorneys.
When considering mediation as a means for dividing up property during divorce proceedings, the divorcing spouses may decide to opt for either joint or spousal support. Typically, in order to qualify for either type of financial assistance, one of the spouses must be receiving alimony. This is because alimony payments are tied to the amount of financial support received by the recipient spouse. Therefore, if the receiving spouse receives less spousal support, then they would be unable to afford to pay for the expense of obtaining this type of financial assistance. Through divorce mediation, both spouses are encouraged to reach an agreement concerning the division of the marital assets and liabilities.
In addition to the divorce mediation process, you may also decide to reach an agreement regarding child custody and visitation schedules. It is important for the divorcing spouses to reach an agreement regarding the division of their children. The children will become the primary caregivers of their custodial parent once the divorcing spouse has moved out of the home. Therefore, it is important that the two parties reach an agreement regarding who will make the decisions about the children during this time.
In divorce mediation, both sides are encouraged to come to an agreement regarding child custody and visitation schedules. If the parties do not reach an agreement during the divorce mediation, a third-party independent mediator may decide the matter and make a recommendation to the court. In most instances, the courts do not take seriously the opinions offered by the third-party independent mediators. However, if the opinions of the independent mediators prove to be biased, the divorce court may consider them to be a valid reason for the divorce proceedings to continue.
Another benefit of divorce mediation is that it provides the spouses an opportunity for civil dialogue. By engaging in civil dialogue during divorce mediation, both spouses are given the opportunity to communicate their feelings and to resolve any underlying issues with the other party without coming to blows. A mediator brings a neutral perspective to the discussion, encouraging both sides to communicate honestly. Because the mediator works as an impartial third-party, the divorcing spouses can be sure that no one is trying to sway the mediator, influencing him or her to act in favor of one side or another. Furthermore, the mediator allows both spouses to remain calm and to focus on their needs and concerns. This allows both sides to better understand each other and to resolve their differences without resorting to violence or verbal or physical aggression.
Even if a divorce mediation does not resolve all marital problems, it often helps couples remain amicable toward one another. If you and your spouse cannot agree on key issues relating to your relationship, a divorce mediation can help you both find a solution. It can also help you both avoid possible future disagreements over the division of assets and children. If you are experiencing marital issues that have been plaguing your relationship, it is advisable to seek professional advice from a professional counselor or psychologist. They will be able to provide you with the assistance you need to overcome your problems and to create a happier, healthier relationship for all involved.