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Mediation is a more cost-effective, and less combative way to for a couple seeking divorce to negotiate terms. It has been gaining acceptance and becoming more commonly used. Usually during mediation, a neutral mediating attorney will meet with both spouses at once to work through all the issues the spouses will need to resolve to complete their divorce. The mediator’s job is to help the spouses come to a practical agreement. They are also there to make sure each spouse understands the consequences of the choices they make, and to ensure that the whole procedure goes as smoothly and painlessly as possible.
Benefits of Mediation
Mediation is inexpensive – Mediation is very inexpensive compared to divorce trials where both couples hire their own attorneys. Furthermore couples can split the cost of mediation.
Mediation saves time – Disputes can usually be settled through mediation much more quickly than through a trial.
Mediation provides more closure – The mediation process encourages communication, which facilitates practical decisions and compromises. People tend to be happier with results they negotiated themselves than with solutions imposed upon them by a court.
Mediation is confidential – Anyone can listen in on court proceedings, but mediation sessions are strictly confidential.
Mediation limits dispute and preserves relationships – Mediation provides a forum for discussion rather than dispute. Instead of both spouses fighting, and trying to pin blame on each other, they can voice their concerns and work to come to a compromise.
Sets a positive example for children – The children will see their parents cooperating to come to a resolution, rather than fighting in court.
However, not all disputes can be settled in mediation. If through mediation the spouses still cannot come to an agreement on something, they can still both hire a divorce attorney and go to court. Everything that was said or decided upon in mediation was confidential, and cannot be used against either spouse in court.
For more information about mediation, please contact us today for a free consultation with a family law attorney who can help you reach your divorce goals.