Mediation Divorce
Mediation is an out of court process used to help couples through the divorce process. While it is conducted out of court, Mediation is a legal process and is sanctioned by the courts.
The mediator is a neutral third party who doesn't represent either side, and does not give legal advice to either party. These impartial mediators use appropriate techniques and skills to open and improve dialogue between the parties, with the sole aim of helping reach an agreement. The goal of mediation is to find the best solutions for both you and your spouse, practical solutions that can work for both of you. If you and your spouse are trying to work together but need or want help negotiating the terms of your settlement, then mediation is right for you.
How Does it Work?
Mediation sessions are confidential and conducted in the privacy of the mediator's office.A series of meetings are conducted over a period of weeks with the mediator to address such issues as how you and your spouse will parent your children, divide your property and debts and provide for the ongoing support of your children.
Each party usually has a lawyer available to consult with throughout the mediation process - usually outside of mediation sessions - though in some cases your lawyer may accompany you to the mediation sessions.
Once you have reached an agreement on all issues, the mediator prepares the Settlement Agreement that will be filed with the court.
Many couples simply assume that mediation will not work for them as they are no longer friends, and automatically take their disagreements to adversarial attorneys to battle it out in the court system. Actually, mediation is so successful that many judges actually require it as a way to avoid bringing your case to court. Judges acknowledge that mediation is a powerful means of avoiding a costly and lengthy court case, and that mediation is the most rational approach to problem solving.
When you reach agreement through mediation, you control your choices – not the attorneys and not the judge. You remain in complete control, and your divorce is more likely to be resolved to your satisfaction. Fees for using a Mediation method are typically just a small percentage of those incurred in an adversarial case battled out in court.
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