Divorce Mediation - Alternative Dispute Resolution
Dec. 14, 2021, 7:02 p.m.
Dec. 14, 2021, 7:02 p.m.
Divorce mediation is growing more popular across the United States year-by-year. It is a leading alternative to court litigation known for yielding fast results. Through mediation, parting spouses can resolve their differences without court interference. Are you ready to learn the basics of divorce mediation? If so, let’s jump right in. Remember that you're welcome to contact our association if you have any questions. Our mediation experts are standing by to help you discover ideal legal solutions.
Through divorce mediation, you and your spouse would meet with a trained mediator. Each mediator operates in a neutral, unbiased manner. A mediator’s main role involves helping couples resolve and discuss key issues. These are issues that have led each spouse to the point of wanting a divorce. Mediation sessions never take place within a courtroom. Instead, they often get held in any informal office setting. Plus, online mediation services exist for couples considering getting divorced.
Each mediator will help the couples come to a final agreement. The agreement will address all issues that matter to you and your spouse. This way, you can resolve and complete your divorce with ease. Common crucial divorce issues include property division and child custody. Child support is another key issue that affects many couples seeking a divorce. Keep in mind that a mediator does not provide legal advice or put decisions in place. Instead, think of every divorce mediator as a facilitator. A mediator helps spouses decide what’s best for every unique situation. Say that two spouses have reached a final agreement by way of mediation. Almost all mediators will draft a divorce settlement agreement. Then, either the spouses or mediator can file the agreement in court.
Sure, some judges order divorcing couples to take part in mediation. (Before a court trial takes place.) But couples also have the option of mediating on their own, without court involvement. Mediations can take place before a couple files for divorce. Or, a couple can decide to mediate at any time after filing for divorce. There are dozens of advantages for mediating disputes instead of litigating in court. Let’s go over some of the most important mediation advantages.
One of the main advantages of mediating a divorce involves saving money. Mediation is, on average, much cheaper than experiencing a court trial. Another advantage involves the notion of settlement. settling a divorce case in mediation is simple and fast. The majority of mediated cases result with a final legal settlement. This means that the couples have addressed all crucial issues related to the divorce. Plus, mediation is a very confidential process. Say that a couple gets divorced in any US court. The subject matter of what’s discussed during the hearings will go on public record. That is not the case with mediation.
Freedom is another major advantage of divorce mediation. Why? Because mediation positions spouses to arrive at resolutions on their own terms. A final agreement focuses on the ideas of a couple. This way, everything that seems fair in a unique situation can apply to a resolution. Meanwhile, a courtroom judge can impose terms based on what he/she believes is fair. Court litigation involves impersonal and rigid legal principles. Mediation does not. When it comes to the notion of freedom, spouses have an important personal option. Each party can decide if it wants to have a lawyer present during mediation sessions. This is an example of the level of control that each spouse has during mediation. Each spouse, not a court, controls the entire mediation process during a divorce.
Every mediation process encourages a healthy level of communication between parties. And divorce mediation is no exception. Since mediation focuses on communication, future conflicts can get avoided. As a result, the remaining steps of any divorce will become easier. Why? Because spouses made the effort to hammer out every detail during mediation sessions. Say that all key details have gotten worked out between you and your spouse. That means you and your spouse can file an uncontested divorce.
The average uncontested divorce is faster and less expensive compared to litigated divorces. (This refers to the concept of couples battling it out in court.) Mediation often serves as the catalyst that creates an uncontested divorce. When a divorce isn’t contested, spouses can save money on attorney fees. Plus, they can also save on various costs associated with going to trial. Many US courts finalize uncontested divorce cases in a fast manner. Why? Because all issues have already been solved. This means that a courtroom judge can complete a divorce ASAP. Meanwhile, a divorce court trial could last many months.
No. Spouses never have to have lawyers present at any stage of mediation. In fact, the majority of mediators encourage the absence of attorneys. That’s because one of the central goals of any mediator is to reduce tension. There is more tension in the room when one or more lawyers are around. But keep in mind that all parties have an option. They can consult with an attorney before or after each mediation session takes place.
Let’s say that your mediator allows the presence of lawyers during a dispute. (As a result, attorneys will sit in during your mediation sessions.) Plus, your spouse plans to have his or her attorney sit in on the sessions. This means that it is in your best interest to also have a lawyer. Otherwise, you could experience some disadvantages during the negotiations.
Collaborative divorce functions as another major alternative to divorcing in court. The term also refers to collaborative law and collaborative practice. Through collaborative law, you and your spouse would each hire attorneys. These are attorneys that receive special training in the collaborative divorce sector. Then, each attorney will represent you and your spouse throughout settlement discussions. A mediator and judge is never involved in the collaborative law process.
Through collaborative law, attorneys and spouses alike will sign a no court agreement. This agreement will enforce layers to withdraw from each case. But a legal withdrawal only takes place if the parties cannot reach a final settlement. If that happens, the case will go to court. In this situation, the spouses would need to find new attorneys. There are some major downsides to collaborative divorce. Say that legal negotiations fail. Both spouses will have to start over the entire divorce process. Plus, the couple will have to find new attorneys. Because of factors like these, our association encourages mediation for divorce. That’s because mediation is a fast, cost-effective process that does not involve risks.
If your goal is to establish a lasting divorce agreement, mediation is the ideal solution. Say that you and your spouse finish up negotiations during mediation. And all your divorce-related issues have gotten settled. That is when the mediator will create a final divorce agreement. Plus, a mediator can also draft a parenting plan or parenting schedule. The settlement agreement will only feature resolved topics from mediation. Now, say that you and your spouse cannot agree on certain topics during mediation. Both parties can then decide to resolve the issues at a later date. Or, a US court can decide the issues once a court hearing takes place.
Many mediators will help spouses file divorce paperwork through the court system. The key is to ask potential mediators about their exact scope of provided legal services. Every agreement can become central to your final divorce decree. (As long as a court approves the divorce settlement agreement.) Then, the terms of your settlement agreement can get enforced with ease. Thanks to mediation, you and your spouse can experience a lasting resolution. That resolution will apply to every court in the United States.
Our association's standing by to help you resolve legal issues related to separation. We provide full-scale mediation services all across the US. No matter your location or specific needs, our experts are ready to assist. ArbitrationAgreements.org has helped divorcing parties in every state. If you are getting ready to file for legal separation or divorce, please call us today. You are also welcome to message us on our website or even send out an email.
We know that couples have many different points of view on crucial legal issues. From custody of children to property division to child support. Our mission is to convert your disagreements into a final, binding agreement. That’s why our mediation services have drawn rave reviews. We won’t rest until you and your spouse can discover long-term legal solutions. When it comes to in-person and online mediation, you can count on our association.
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