How legal mediation for divorce works
Divorce mediation is a relatively new concept, but it has the potential to save you and your spouse a great deal of time and money if you are separating or divorcing.
During mediation for divorce, both husband and wife as well as their respective attorneys meet with a court-appointed mediator, who gives both parties a chance to tell their sides of the story. The mediator plays an arbitrational role and does not have the authority to enforce any decisions. They also take no sides or try to resolve differences.
Instead, divorce mediation professionals simply take all circumstances surrounding the marriage and its termination into account. They use this information to negotiate fair and mutually agreeable arrangements regarding division of property, child support and child custody. The results of divorce and family mediation proceedings are not presented in court; rather, a proposed solution is suggested to the judge, who has final say on what is and what is not legally implemented.
Advantages of Mediation for Divorce
Taking advantage of the services provided by divorce mediation professionals has many benefits. First, the process saves both parties a lot of time and money that would otherwise be spent in court. It also helps to lighten the load in an already-overworked divorce and family court system.
Mediators are fair, and the process is entirely confidential. You can get mediation for divorce to avoid lengthy, difficult and trying in-court litigation and finalize your separation and divorce more quickly with fewer legal hoops to jump through. Family divorce mediation also ensures that the best interests of the children are looked after without having to discuss sensitive and private matters in the highly public forum of a courtroom.
How Divorce Mediation Works
Divorce mediation professionals can be hired from law firms, and you may be able to find one through the office of the family court clerk. Usually, the mediator will sit down with the parties for one or two sessions, then present his or her opinion as to whether or not mediated discussions will be productive.
In the event that the mediator decides that the process is unlikely to be productive, you have two options: try again with another mediator, or go to court. However, it is important to note that the contents of mediated discussions will never be presented to a judge in court, so it's the best route to go if privacy is a major concern.