Mediation allows couples to avoid the risks of trial
Divorce mediation is a process where you and your partner meet with a neutral, trained mediator in order to resolve issues relating to your divorce. Mediators often meet in an office or informal setting. However, you can also do the mediation process online.
Mediation can be used to help your spouse and you resolve issues like child support and child custody. Mediators don’t offer legal advice nor do they make decisions. Instead, they act as facilitators and help the spouses decide on what works best in their particular situation.
It is not necessary to be represented by an attorney to take part in mediation. Some mediators even discourage the use of a lawyer because they fear that it will cause tension divorce. You should hire a lawyer as well if you know that your spouse has one. If you do not, then your negotiation position will be affected.
You can still consult an attorney before the mediation session to help prepare. It’s a good thing to get an attorney to review and approve any agreement reached at mediation. You will still have to pay for an attorney’s services on an hourly basis, but it may save you money if the lawyer helps you reach a favorable settlement agreement or avoids unintended consequences.
If you are able to achieve a successful mediation, the remainder of the divorce will be easier. Because you did all the hardwork of working out the details during the mediation you can now file an “uncontested divorce”. Uncontested divorces can be cheaper and more efficient than litigated (divorces in which the couple fights it out in court) divorces.
Saving money by avoiding the attorney fees and costs associated with a court trial is possible when you have an uncontested marriage. Many courts also expedite uncontested cases, because all the details have already been settled. A judge is able to complete your divorce quicker than they would if it had gone to court.
Mediation is not for those who have recently or currently experienced domestic abuse or violence. They should instead seek the help of a qualified lawyer. The pros and cons should be carefully weighed if abuse was present in a relationship, but that was some time back.
According to the situation, those who have suffered abuse may feel empowered by a neutral mediation. A majority of mediators take measures to guarantee that the session is conducted in a secure environment. For example, they may meet with both spouses separately. Other victims of abuse may feel it is too stressful to be forced to negotiate or they might find that the dynamics of power and intimidation make mediation difficult. In these cases, a lawyer can help. Additionally, there are mediators who won’t accept cases involving domestic violence.
You shouldn’t waste your time meditating if your spouse you suspect is wasting or hiding money, lying, or concealing assets. Both spouses must be truthful, disclose all information, and follow the rules to negotiate successfully. A person can use the mediation process to derail proceedings and avoid having to pay child support.