Divorce Mediation – Helping Clients Through a Process That Works
Divorce mediation is an alternative dispute resolution process, which is used often and successfully by many married couples wishing to divorce, and also by domestic partnerships who wish to separate legally. It works much like a court room litigation process, where one party brings their case to the table in order to ‘put on the stand’ and tell their story in court. With mediation, the parties are able to meet face to face before making any decisions, which can result in the parties arriving at different decisions about how to divide assets, child custody, alimony, and other aspects of a divorce or separation agreement. Because of the potential for successful negotiations, divorce mediation should be tried seriously by both sides, as only a neutral third party can ensure the process is fair and consistent.
Couples who decide to try divorce mediation first try to amicably settle their differences through other channels. While this can work to some extent, many people feel that an impartial third party can give them a more objective point of view. Through divorce mediation, couples learn about how to communicate with each other and what methods to use when attempting to resolve arguments. Through mediation, couples will also gain a better understanding of how their personalities affect the dynamics of a healthy relationship, and they may also come to see who is important to them in the context of their lives.
Many people who choose divorce mediation as a way of resolving their disputes usually do so because they feel that the hassle and cost of going to court are too high. In many cases, they are right. Going to court often means having to hire expensive legal counsel, which can add up to a lot of financial stress. In the end, the spouse who wins the case often receives less than they would if they were to fight in court, so even a modest amount of savings can make a huge difference in many cases.
When trying to reach a settlement outside of a courtroom, it’s also important to understand the importance of hiring a competent and qualified divorce mediator. Ideally, you should choose someone who has experience in family law, since this field requires specialized knowledge and understanding. A mediator should be able to determine the best route for you and your spouse to take through your difficulties. The goal of divorce mediation isn’t simply to settle the terms of the divorce settlement. It should help you both learn how to communicate more effectively, and learning how to avoid making common mistakes that can lead to future fights. If you don’t take the time to find a neutral third party who can provide you with both the experience and expertise you need, you might wind up making many costly mistakes.
Often, divorcing couples will engage in “ice-breaking” techniques that are designed to minimize the impact of their negative emotions on the other spouse. These methods often work, but they also serve to put a great amount of stress on the divorcing couple. As an alternative, divorce mediation provides a way for the two parties to communicate about the issues that are weighing on their minds. If done properly, it allows both sides to express their true feelings, without fighting back or Criticizing the other party. It also allows each person to feel heard, rather than accused of taking sides. This is often important in cases where there are children involved, since neither spouse is likely to want to negatively affect the child.
Many issues can be resolved through divorce mediation without a lengthy court hearing. One such issue is visitation rights and child custody, which can be settled without ever seeing a judge. Most of the time, if a parent feels they aren’t receiving enough visitation time with the children, they can file a petition to have an official custody arrangement made.
Often, when you add up all of the cost of a lengthy divorce, the constant battling over things like child custody and visitation often adds up to be a considerable expense. Divorce mediation makes things easier on all parties. Typically, the spouses will come into the meeting with their own ideas about how to resolve the issues surrounding the children. Some people may not wish to see their children while others want them very much. Divorce mediation can help everyone stay calm and focused on the issues at hand, without the need to get into a courtroom battle. It also helps to keep the property and finances intact, while everyone focuses on the children.
Unfortunately, not every person involved in a divorce mediation will be happy with the outcome. There are many problems that can arise when attorneys from both sides to try to settle the case through the use of the mediator. Therefore, it is important that attorneys are involved in the process of selecting the mediator, to prevent one spouse from utilizing a bad professional, whose bias could benefit one of the divorcing spouses.