The Importance of Having a Mediator During a Divorce Procedure

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.