Divorce Mediation Process Explained
Divorce is one of the most difficult things that any person has to go through. People say that there is no easy way to get a divorce. That is true to a certain level. Divorce mediation is a step towards making the process easier. Are you still confused about what is divorce mediation? This article will elaborate more on what is mediation in the divorce process.
Anyone who is divorced or is trying to get divorced will tell you that it is not an easy process. It is one of the most heartbreaking and frustrating journeys that you will have to undertake. Deciding on the proper terms of a divorce or fighting a court case is a waste of time, energy, and emotion, in the end, you are left emotionally and financially exhausted.
Why Go For Divorce Mediation?
It is almost impossible to have a mutual agreement on the terms of a divorce. Divorce mediation allows you and your future partner to decide the divorce on your own. It is a very popular way that is used by many couples who want to settle the matter before it reaches a judge. It can be considered to be a voluntary settlement process that married couples use to get an easier and hassle-free divorce.
For divorce mediation, both the partners often with their lawyers hire a third party to preside over the discussion on getting a divorce. The important matters such as child custody are discussed here. It enables both the partners to plan things in the future in a rational, logical, and cordial manner. The experienced and skilled divorce mediator can help you reach a result that is fair to both the partners and prioritizes the well being of everyone involved, including the children. Generally, the following topics are discussed and settled in a divorce mediation session:
- Parental time and child custody
- Property or asset distribution or partition
- Childcare or support
- Financial distribution, including taxes
- Retirement plans
These are some of the topics that couples fight about the most. When parties have a civil discussion about it, the issues get resolved much more quickly.
Advantages Of Divorce Mediation
Anyone who is thinking of getting a divorce or is going through a divorce should genuinely consider divorce mediation. Following are some of the primary benefits of going with divorce mediation:
- The process is much less expensive than a full-blown court trial. It is comparatively much more affordable than any other alternatives
- It has been statistically proven that most divorce mediation helps settle all problems or issues that your divorce has, in the most amicable and flexible manner.
- The entire process takes considerably less amount of time. Which is great for anyone involved. Nobody wants to get stuck in the vicious cycle of getting one court date after the other and spending all your life’s savings to pay the lawyers and litigators.
- During a session of divorce mediation, there is no official record maintained for what goes on inside the session, or what is being said. This helps protect your privacy. The confidentiality of the whole process makes it much less public and humiliating.
- It gives both the partners more control over what is going on in their lives. Everything is not decided by pompous and greedy lawyers. You get a direct channel of interaction with your soon to be ex-partner.
- You have the ultimate control of the proceedings but you can always ask your lawyer for more technical advice. This gives you legal support without having to carry the burden of a legal trial.
- A more flexible and accessible process which makes the entire process much easier.
How to Choose a Divorce Mediator?
When going to a divorce mediator, you should aspire to get the best possible outcome for you and your spouse. For that to happen, you need to know how to choose a divorce mediator, and the following tips will help you on your search mission:
1. Look for a neutral mediator – mediators are supposed to be impartial to make sure that everything is up to level, and that every party gets what it deserves. So, you need to choose a mediator who does not pick sides and remains neutral throughout the mediation process. Also, you should choose a mediator that advises you to review your agreement with a lawyer. This is not a ploy to get you to pay more – it is an essential step that will protect you and your spouse from legal issues down the road.
2. Choose a mediator that does not overcharge – you should choose a mediator that charges a flat fee and one that does not overcharge you for his/her services. Usually, divorce mediator fees are about $250-$350/hr. So, the longer the mediation process, the bigger the bill. To help keep costs down, choose a fair and affordable divorce mediator.
3. Go for a mediator that understands financial intricacies – the best divorce mediators are the ones that have extensive experience with complex financial matters. So, you should choose a mediator who understands as many financial issues as possible.
4. Choose an understanding mediator – while it is important to remain impartial during divorce mediation, it does not mean that the mediator has to act like an emotionless robot. To make sure that you get the best results from your divorce mediation, you should choose a mediator who is concerned about you and your family and is invested in making the mediation process as pain-free as possible.