The decision to pursue a divorce is a difficult one. The divorce process is extensive and exhausting for everyone involved. One of the early choices you will have to make is if you want to pursue a traditional divorce by hiring an attorney and going to court, try to work things through on your own, or use the services of a trained mediator.
What is mediation?
Divorce mediation is a process of resolving differences between two parties involved in a divorce with the assistance of a trained mediator. The ultimate goal of mediation is to give both parties the best workable resolution for less time and money than a traditional divorce.
A mediator is a neutral third party individual who is trained in conflict resolution and helps to assist in good communication between both parties but doesn’t make any choices for them. A mediator does not make any judgments about who is right and wrong, but he helps each spouse agree to a result that is beneficial to both. He does this while remaining objective and impartial.
The benefits of mediation over traditional divorce
An amicable agreement is usually hoped for by both spouses when they are going through a divorce. Here are some ways that mediation can help you achieve this:
* Mediation is less tense and traumatic than traditional divorce
* Mediation costs much less than hiring a divorce attorney
* Mediation is much less time-consuming because neither side has to present a full case, including witnesses and motions, in a court of law
* Mediation is private…finances and other intimate personal matters are kept confidential
* The results from mediation are more likely to last because both sides put aside their bitterness and came to an agreement together
* Nobody understands a child’s needs like his parents. With mediation, the couple has direct control over child-care arrangements. This helps the couple work together in the best interest of their children. This also helps to ensure that there will be less arguments in the years to come involving time with their children.
Disadvantages of mediation
Here are a few deficiencies of the mediation process:
* Mediation necessitates a lot of rigorous interaction with a spouse. If one spouse is forceful or abusive then mediation will not work.
* A successful mediation depends on complete transparency. If one spouse is trying to hide information concerning finances, then cooperation cannot happen since the mediator cannot force one spouse to fully disclose their financial situation.
* The mediator has no authority as a Judge to made demands of either spouse. A successful mediation is totally dependent on both sides working together.
If you are considering divorce mediation, you should contact a qualified family law attorney in your area. Your attorney can look at your situation and go over the pros and cons of mediation and help you determine the best course of action for you and your family.
- Getting a divorce in Buffalo (divorceattorneyhome.com)
Latest posts by Beth (see all)
- Steps to ensure a prenuptial agreement is enforced - May 17, 2017
- Divorce options- I don’t want to fight it out in court. - May 10, 2017
- Establishing paternity so child will get SSDI auxiliary benefits? - May 3, 2017