The divorce process is often filled with volatile emotions and intense stress. The most skilled divorce and family law attorneys are those who encourage divorce mediation for their clients whenever possible. In fact, mediation is a required first step in the divorce process in a growing number of states.
With complicated divorce cases involving child custody and significant asset distribution challenges, even those parties who initially sought to pursue an amicable divorce can find themselves caught up in bitter disputes. Divorce mediation is an excellent alternative to traditional divorce litigation that can save significant amounts of money, while helping divorcing couples reach an empowering divorce settlement in a less adversarial process of resolving issues. with a neutral third party.
Trained to help those seeking a divorce reach agreements, a divorce mediator focuses on solutions in one or more meetings to discuss each point of contention. Since the mediator cannot offer legal advice, divorce attorneys or family law attorneys are usually present during mediation sessions and may consult privately with clients to offer advice during the mediation process. Trained mediators help keep discussions on track and are adept at asking for breaks and engaging in reality checks when tensions rise. Building on success, professional mediators can help couples find solutions to smaller disagreements initially to help them gain confidence in the process and see the benefits of the mediation process.
From simple, uncontested divorces to those involving major issues such as asset valuation and property distribution, alimony, child custody, and parenting issues, including child support and maintenance , retirement, and other potential issues, ending a marriage or long-term relationship is often much easier if mediation is used. instead of going to court to settle a divorce. The mediation process can reduce misunderstandings and help set the tone for a solution-focused process based on mutual compromise.
Flexible and confidential, divorce mediation offers an environment that emphasizes open and healthy communication. Particularly for parents, mediation can dramatically help deal with the emotional realities that arise in determining and communicating the roles and responsibilities of parents during the divorce process and beyond, keeping the needs of the children at the forefront.
Divorce mediation works best if both parties are ready to negotiate, seek equitable settlements, and are willing to empathize with the other’s position. If there is a high degree of conflict and anger or one or both parties are unwilling to approach their divorce in a spirit of give and take, divorce mediation is probably not a viable alternative and litigation including trial will ensue. Litigation can result in higher levels of resentment and frustration, deepening the miscommunication that is so important to avoid, particularly when children are involved. It is important to note that when spousal abuse is a problem, mediation is not a viable option.
Experienced child custody and divorce attorneys practicing family law will likely suggest divorce mediation to clients to shorten the divorce process, facilitate the ongoing communication that is so vital to the co-parenting process, save money for clients and reduce the amount of animosity that results from divorce. .