Divorce
can be an emotionally taxing process, and it's easy for emotions to get in the
way of making serious decisions. In order to stay level-headed, many divorcing
parties opt for mediation, which can offer many benefits to the process.
What Is Mediation?
Because
of the emotional nature of divorce, many find it difficult to stay rational and
fair during the proceedings. A mediator acts as an expert who steps in as a
neutral party that meets with the couple to resolve any issues that arise
during the divorce. While the mediator won't make any of the decisions
themselves, they facilitate decision making and offer an objective point of
view on any outstanding issues between the couple. This process is popular in
different types of family
law to
preserve relationships.
Benefits of Mediation
Divorce
can be a surprisingly expensive process, so one main advantage of mediation is
that it is much less expensive than a court trial or a series of hearings.
Because the process stays out of the courtrooms, it remains confidential, and
no public record is taken of what happens during the sessions. This also means
that both parties can agree on what's fair themselves without impersonal legal
principles taking the reins. Some even find this can improve communication
between the couple, leading to better problem-solving down the road, which can
be particularly helpful when children are involved.
Choosing a Mediator
In
order to ensure the mediator chosen is neutral, both divorcing parties must
agree upon who will serve as a mediator. Mediators are often attorneys, and
it's vital to find an individual who has experience mediating divorces. While
mediation fees are normally less expensive than divorce proceedings, fees can
vary, so it's important to do research and conduct a few interviews before
deciding who will be best. Mediators can be recommended through divorce
attorneys, and most courts provide a list of available mediators as well.
Ending Mediation
After
the mediation process is completed, the couples will agree upon a negotiated
settlement, which will be drawn up by the mediator. At this point, it's a good
idea for each individual's attorney to review the agreed upon settlement before
it is signed. Then the settlement is submitted to court where it will be
entered as part of the official divorce decree.
Many
couples decide to turn to mediation instead of going through the lengthy
process of court divorce proceedings. If you'd like more information about
mediation or divorce proceedings, contact Medeiros &
Associates Lawyers online today or call us at 760-241-1234.
