Considering Mediation Instead Of Court? What You Need To Know

Posted on: 24 May 2017

When going through a divorce, one option many separating couples utilize is mediation. Mediation allows you both to discuss all the details of your divorce with a neutral third party in order to come to an amicable agreement regarding all aspects of the divorce. This will include discussions about custody, division of property, alimony, and so on. If you are not familiar with mediation, the following are some aspects of the concept that you may want to keep in mind if you would like to consider using mediation for your divorce:

An Attorney Is Beneficial

While you will not be dealing with your divorce in a courtroom, a lawyer will still be crucial during the mediation process. He or she can guide you through all of your rights, negotiate custody arrangements, and be your liaison in all aspects of the divorce. You can use an attorney throughout the entire process and have him or her present at all the meetings if you wish.

The Mediator Does Not Make the Final Decision

The mediator is not a judge or arbitrator. He or she will not have a say in the final decisions. You and your spouse will be the ones making those important decisions. The mediator will provide you with a fair and open environment to discuss your wishes and help navigate any negotiations that will take place. Once all the important decisions have been made, you will finalize your divorce with the judge.

Mediation is Faster

A traditional divorce will take much longer than one that has gone through mediation. A divorce will require a court hearing, which can take time depending on their schedule. A mediator will depend on your own schedule. You will all meet based on everyone's needs and time frame, making the process much faster.

Mediation is Not For Everyone

Mediation in general is a great option for many couples. However, it is not always ideal for everyone. There are many situations in which a structured, traditional divorce is necessary. If there are any protective orders in place, for example, it is best to go before a judge to ensure there is no intimidation involved that can complicate a mediation meeting. Divorces with couples with significant finances that need to be dealt with should also be inside a court.

If you are thinking about mediation, be sure to speak with a family law attorney, like Ritter & LeClere APC Attorneys At Law, so that you can be referred to local mediators near you.


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