Divorce Mediation – Can It Really Be An Alternative To Court Litigation?


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Divorce mediation can pave the way for an uncontested divorce and therefore prevent an adversarial divorce. During divorce mediation, both parties to the divorce meet with a neutral mediator. The mediator helps the parties make informed decisions and come to an agreement about the terms of the divorce.

There are numerous issues to consider when drafting a divorce agreement. The parties are likely to have debts and property. They may have children. With children come the added decisions related to custody, visitation, child support, health insurance, and childcare expenses. A spouse may be seeking spousal support. With the mediator's help, they would work through all the issues they need to resolve so the two of them can get through their divorce.

Mediation is flexible and confidential. Instead of parading your marital issues in front of a courtroom following the timeline allotted by the judge, the mediator works with both parties on their terms. The mediator remains neutral. They will not give advice to either party. They are there merely to help facilitate the negotiations. Mediators can also be a source of information about the divorce process and divorce law. Either party to the divorce can stop mediation at any time. No one can be forced to participate in mediation. One or both parties can have lawyers present during the mediation sessions.

There are different types of divorce mediators. Some Christian organizations offer divorce mediation, but it would be advisable to know whether or not the goal of the mediator is to assist with the divorce proceeding or reconcile the marriage. Therapists and lawyers can also act as divorce mediators. Some mediators devote their careers to divorce mediation. Full-time divorce mediators usually have backgrounds as lawyers or mental health professionals.

The cost of divorce mediation varies greatly. In most cases, both parties split the cost of mediation. Mediation usually takes place over several sessions. Mediators often charge a fee per session. Payment is usually due at the end of each session. The number of sessions needed to reach an agreement depends on the number and complexity of the issues that need to be resolved and how cooperative the parties are. Even a lengthy mediation process could save the parties involved thousands of dollars over the cost of an adversarial divorce.

The benefits of mediation are that it can lessen conflict between the parties and give each party a sense of empowerment over the divorce proceedings and resulting agreement. A good divorce mediator should be helping the parties come to a win-win agreement, where both parties feel that the agreement is fair. If both parties are satisfied with the outcome of mediation, they are more likely to adhere to the agreement. They may also have a sense of cooperation with each other, which is extremely important if children are involved. With an agreement in place, the parties can proceed with an uncontested divorce instead of an often costly adversarial divorce.

Moses Wright is the founder of Divorce-Papers.org. More information on Divorce Papers , Selecting Divorce Attorney and Divorce Settlements - Assets & Liabilities can be found on his website. You are welcome to reprint this article if you keep the content and live link intact.


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