IS DIVORCE MEDIATION AN OPTION FOR ME?
Divorce Attorney; Divorce and Family Mediator; Marriage and Family Therapist
Traditional Divorce or Go Right To Mediation? What is Right For Me?
is a process whereby the divorcing parties work with an impartial and neutral third party, called a Mediator, who works with parties and facilitates agreement between the parties on the issues that will guide them in their lives apart after their divorce.
is an informal, non-adversarial process with the goal of assisting the parties in reaching a mutually acceptable and voluntary agreement. The role of the Divorce Mediator includes, but is not limited to, assisting the parties in identifying the issues, facilitating problem-solving between the parties, and exploring settlement options.
attempts to find a solution that works for both parties. Mediation is the time when the parties themselves decide what their futures apart from each other will look like-- as opposed to a stranger deciding.
may explore issues such as: Parental Responsibility, Time-sharing, Child Support, Spousal Support (Alimony), Modifications, Distribution of Property (Assets and Liabilities), Custody, and all other issues related to your relationship and futures apart.
means decision-making rests with the divorcing couple. It is not required to have attorneys present at the mediation. In fact, most of our clients are not represented by lawyers. Divorce and Mediation Center will handle your divorce from beginning to end. At the conclusion of your successful mediation, we will draft your Marital Settlement Agreement that you will file with the court. In the event you are unable to resolve the issues during mediation, you can proceed with your divorce using the court system.
Why Use An Attorney Mediator?
- An attorney mediator is skilled to look at both sides of an issue and remain neutral and impartial; we do not favor either party.
- An attorney mediator can draft agreements (such as Marital Settlement Agreement) that accurately reflect the intentions of the parties.
- An attorney mediator is trained at defining and narrowing the issues and analyzing the consequences of various alternatives.
- An attorney mediator can work effectively and efficiently with the attorneys representing each party, if any.
- An attorney mediator, through education and experience, regularly engages in problem-solving, compromise, and "out of the box" thinking.
- An attorney mediator can utilize their experience and talents to facilitate the mediation in a fast, economic, and efficient manner.
Advantages of Mediation
- Confidential and private
- Typically much less costly than litigation and trial
- Eliminates the uncertainty of trial
- Protects family relationships and establishes a better opportunity for continued parenting by both parties
- Informal and non-adversarial
- Preserves dignity, self-respect, and the parties' relationship
- Parties have control over the outcome - not a judge or third party
- Parties do not need to hire attorneys - they can get a divorce without lawyers
- A party who is dissatisfied with the mediation process can withdraw at any time which ensures that one party cannot intimidate the other party
- Enables parties to plan for and deal with their futures without blame and fault
- Allows for "out of the box" thinking and creative solutions
- Typically less stressful for the parties
At Divorce and Mediation Center, we strive to make this entire process fast, affordable, and less stressful.
- Litigation, as opposed to mediation, involves a formal and adversarial approach to resolving issues.
- Litigation is typically a stressful experience for the parties involved, especially children.
- Litigation tends to focus on fault, blame, and differences.
- Litigation means a judge, not the actual parties, usually makes the final decision as to who gets what, after a long, expensive, and stressful courtroom battle.
When your divorce is contested and mediation is NOT an option.
You must have an aggressive lawyer on your side fighting to protect what you are entitled to.
WHAT CAN WE DO?
Avoid the conflict, anxiety, and unpredictability of a courtroom divorce
End The Tug Of War Struggle
Move on with your life
Even a very complex mediation can be successful in as few as two hours.