Divorce Mediation
It is unfortunate when a marriage ends in divorce. How to go about the process as painless as possible is often the goal. If you and your mate believe that an amicable divorce can be accomplished then divorce mediation may be something to consider. However, not all divorce cases can utilize the mediation process—cases that involve physical/emotional abuse or an extremely argumentative partner may require a more conventional divorce process. You know you need to switch gears if you can not come to a compromise. If cooperation is not forthcoming a divorce attorney may be necessary.
What is a Divorce Mediation?
A divorce mediator is an unbiased or “neutral” party that is trained to assist a couple in the process of legally dissolving the marriage. The mediator helps facilitate communication between the husband and wife so that the terms of the divorce can be established, such as:
- Dividing up the property / assets
- Dividing up the debt
- Child custody
- Child support
- Alimony
A common misconception is that a mediator makes the decisions for you and your mate or will tell you and your mate how things ought to be. On the contrary, a divorce mediator will assists you in your own decision making by reviewing the matters at hand. You can expect a series of questions in order to find solutions rather than solving disputes. Of course some arguments may arise, but staying the course will be a sure route to compromise if the arguments are manageable. If you are even contemplating mediation, it indicates the desire to cooperate without the financial and mental burden that often times is a result of divorce.
How long mediation takes varies from case to case. It can go as quickly as just a number of weeks to an entire year. Depending on you and your spouse and the complexity of the matters concerned will dictate the time line. Of course, an early agreement will shorten the process of mediation. In order to achieve a shorten timetable, both parties should be completely aware of his/her rights as well as the possible alternatives which are accessible. In order to be knowledgeable of your rights, the mediator will supply the parties with a Memorandum of Agreement.
Meeting Half Way
If both parties recognize that divorce mediation is a possible and helpful solution and are willing to compromise choosing this route will be the best option. In divorce mediation, both parties confer with one mediator rather than seek the legal advice of separate attorneys. The advantages of divorce mediation are that it saves on expensive court fees, it reduces the total expense of the divorce procedure, and you and your mate will generally have more control over the final agreement.
There are many emotional benefits of mediation. It is common knowledge that a full-blown court case can be damaging as well as distressing to children especially during formative years. This point alone can make mediation instantly appealing to a problematic couple. Adults can benefit too. A gut-wrenching court case that can span over many months to years will not be an issue which makes divorce less stressful. Countless medical studies site that stress can increase blood pressure, cause insomnia, or increase or decrease your weight. Your overall disposition can change making life seem unbearable. Divorce mediation can alleviate some of these side effects.