Ending a Marriage Through Mediation
The end of a marriage can be a stressful process beset with many negative
feelings such as anger, regret and revenge. One option that can provide
for a more rational and balanced divorce process is through mediation.
Often divorcing couples who use mediation report feeling the divorce agreement
was fair and did less damage to the family.
Mediation is a voluntary process that uses an impartial third party, a
family mediator with help negotiating issues in a divorce. The mediator
helps couples identify, clarify and come to an agreement on property division,
spousal support, child support and custody, if applicable. Each parent
retains a lawyer during this process, but the goal of everyone involved
is to avoid the emotional and financial costs of pursuing divorce in the
courtroom. Rather than fighting against each other, the couple can work
together to reach agreements.It is not the mediator’s job to resolve
problems or force an agreement on the parties. Rather, mediators help
the parties come to an agreement by acting as intermediaries. Mediators
may offer an opinion or make suggestions but at no time are they allowed
to force an agreement upon the parties.
Advantages of Mediation
- It saves time and money: Mediation shortens the process for the parties
and helps minimize the caseload of the family court system
- It is fair and impartial: The mediator has no interest in the outcome.
Because mediators stand to gain nothing, they may be able to see solutions
the parties can’t because they are not emotionally invested
- It is a confidential process: Any notes taken by the mediator are disposed
- It reduces the spouse’s emotional turmoil: Rather than “winning
and losing” both sides ultimately reach an agreement
- It protects the children from being caught in the middle of a public divorce
Mediation can often be completed over the course of three to four two-hour
mediation sessions, spread out over at least a month or two. Divorce settlements
agreed to through mediation are enforceable by the courts and often come
with a judgment on the public record.
If you are considering divorce, seek out the advice of an experienced family
law attorney familiar with the negotiation process.
Contact us today for more information.