Divorce Mediation – What You Need to Know
Using a divorce mediator is an important decision to make, especially if you’re considering a divorce. Not only will it save you time and money, but it will also allow you to settle the details of your marriage peacefully. This article will outline some of the things you need to consider, including the importance of confidentiality, preparation, and the legal aspects of a divorce.
Preparation
If you’re thinking of filing for divorce, there are a few things you can do to prepare for mediation. Mediation is a non-traditional, private negotiation that helps couples reach a resolution for their divorce. It’s a lot less stressful than litigation and it costs a fraction of the legal fees.
The first step is to choose a mediator. A mediator is a neutral third party who facilitates the discussion. He or she acts as a guide and helps couples negotiate the divorce process.
Another step is to prepare a list of assets and debts. These lists help the mediator know what each person has. You might not need to prepare a complete list of everything you own, but you should at least have an idea of what you have.
Cost
Divorce mediation is often cheaper than litigation. However, it can be quite expensive, depending on the amount of preparation, the number of parties involved and the mediator’s hourly rate.
A recent Money magazine study revealed that the average divorce cost is between $3,000 and 10,000. This includes court fees, child custody evaluations and professional fees.
A divorce mediation session can last anywhere from two to four hours. The more complex the issues, the more sessions will be needed to resolve them.
Some of the more common cases involve property distribution, real estate valuations and retirement asset transfers. These issues can be a source of conflict, making it difficult to negotiate.
In addition, some couples find it beneficial to work with a divorce attorney, if their conflicts are particularly complex. There are a variety of legal services available, including court-sponsored and community-based.
Confidentiality
For a successful mediation process, confidentiality is an essential element. Confidentiality is important because it allows parties to discuss facts freely. It also limits the use of settlement information against the other party.
Confidentiality in mediation is a good idea for couples with significant assets. It also helps them reach a fair agreement without going to court.
During divorce mediation, a mediator helps the parties exchange information and negotiate a mutually acceptable solution. He or she may ask a question, suggest that the parties explore a fact, or prompt them to consider the applicable law. Whether or not the information disclosed is disclosed to the other side depends on the other side’s independent source.
Although mediation is confidential, there are exceptions to this rule. Generally, any statement made during the course of mediation is confidential. However, the courts will allow disclosure only when there is a strong argument that the information cannot be obtained elsewhere.
Legal concepts explained
Divorce mediation has a few perks over going to court, including cost and privacy. While it is not always the easiest path to take, you can minimize your legal costs, avoid trial-related hostility, and maintain your relationships. It is also a good way to help your children adjust to changes.
Divorce is a complex process with many legal nuances. The best way to navigate your way through it is to hire a divorce mediator. They can provide you with information on alimony, child support, and parenting schedules. You can also employ a private attorney if you prefer. Your mediator should also provide you with a list of mediation-friendly attorneys in your area.
There are a few legal concepts you may not have heard of. One example is the “Limited Assistance Representation (LAR)” which allows the mediator to represent your interests while allowing you to keep more of your hard-earned money.
Ending the marriage peacefully
The decision to end a marriage peacefully is an important one to make. It can be a stressful time and may lead to a number of changes. You need to ensure that you are in a good place before taking this step.
Fortunately, there are steps you can take to help ensure that you get a peaceful divorce. Choosing to work through mediation is one of the best ways to do so. If you feel like you need to talk to a professional, be sure to find a reputable divorce mediator.
Divorce is a complicated process and it can be extremely difficult for the entire family. Mediation is a great way to avoid the high costs of litigation and the stress of trying to argue with each other.
