Even though divorce mediation has a positive reputation as a logical and peaceful way to going to court, there are still a few things that people do not know about the process. Divorce mediation is not everything that the public may think it is. Here are some things you should know about mediation if you are considering this method for divorce.
Divorce mediation is ideal for two reasonable people who have agreed to divorce but cannot work all their differences by themselves. Divorce lawyers often receive calls and messages from potential clients who state that they are seeking a divorce and have already reached a settlement with their soon-to-be-ex. These clients usually want to complete their case with mediation.
In these cases, these clients do not need a mediator – they should seek a lawyer who will shepherd the divorce settlement legally. A divorce in which a couple has already reached a settlement does not need to go to mediation. Meditation is designed to help people settle disputes. If the divorcing couple is not having a dispute and wants to divorce amicably, getting the necessary legal assistance to complete the divorce is best. Simply taking the case to a court so a judge can approve it can save the divorcing couples considerable time and money.
Divorce mediation is actually a way to settle divorcer-related disputes out of court. This option allows people to settle their differences without much involvement from the legal system. The mediation process is structured to minimize arguments and defensiveness. The atmosphere for mediation is non-confrontational and encourages both parties to be logical and peaceful when presenting their concerns. A mediator, who is a neutral third party, helps the divorcing couples reach a peaceful agreement that they are both satisfied with.
It is important to realize that mediators are not judges or arbitrators. This means they are not allowed to make decisions concerning which party will “win” or “lose.” Mediators simply guide divorcing spouses through negotiations. The mediator will guide the dialogue between the divorcing spouses and addressing negotiation pitfalls that will make the divorce process longer and more tedious.
While many people have reported going through divorce mediation successfully, it is usually best not to seek mediation during the initial stages of divorce. The mediation will only be effective if both parties are reasonable enough to negotiate a divorce settlement. When a couple first decides to divorce, one or both parties may be too emotional or angry to mediate. In many instances, this is because divorces often occur because one party wants to divorce and the other does not, which can lead to additional conflicts that can make mediation difficult.
Once couples reach a point where they want to engage in settlement negotiations, a mediator can help divorcing couples decide what is fair in terms of dividing property and retirement accounts. The mediator can also help divorcing couples come up with a logical plan for child custody.
It is best to find a qualified lawyer to help you through the legal aspects of a divorce and meet with a mediator to reduce the potential stress that can come with divorce.
