What Is Divorce Mediation, And How Can It Help You?

What is divorce mediation? Divorce mediation can be helpful to couples undergoing difficult separations – it may even constitute a cheaper and faster way for couples to finalize the arrangement of an amicable divorce without using the courts. The basic premise of divorce mediation is that the couple sit down with a third party to work through their financial and family arrangements without relying on a court and judge to settle the dispute.
Divorce mediation is NOT a substitute for counselling. Unfortunately, the divorce mediation process does not aim to provide emotional or moral support to couples. It is also not intended as a way to avoid divorce through discussion of the implications, though this may rarely happen. The sole purpose of a divorce mediator is to help a couple who are already set upon a course of divorce to manage and complete the technical separation without the help of the courts.
A few key questions come to mind when couples consider divorce mediation. We will try to answer those for you, right here.
1. How does mediation reach a result?
Mediation relies on both parties being generally co-operative. It should be understood that mediation is a generally cheaper and quicker rout to legal separation than the courts can provide, but will not work if the couple are unwilling to compromise their positions in search of a resolution. Your divorce mediator who is generally a divorce lawyer & attorney will deal with all the paperwork and steering any meetings which are required to reach a mutually beneficial outcome.
2. Who wins, who loses?
The intention with mediation, just as with a court battle, is that both parties receive their fair share of the marriages assets. A divorce mediator will point out how a court would likely divide assets, which will generally favour a 50/50 split. If there are complex asset arrangements to be figured out (such as work bonuses, pensions etc) it will require the couple to co-operate. If large sums of money are involved, it may be worth the court case to get a resolution you are happy with, otherwise the mediation system will probably save both partners money, even if they don’t take as much value out of the marriage as they had hoped.
3. Do I need a divorce lawyer & attorney?
Generally, yes. Although a mediator is trained in the legal process of divorce, and is capable of auctioning the paperwork which is required, they do not legally represent you. Most people will feel more secure if they have their own solicitor look over the final divorce documentation before signing.
Mediation is a unique tool for couples who feel able to reach an amicable resolution on the majority of their divorce issues. Mediation typically involves some heart-ache which can be avoided in the sterility of court proceedings, but may bring more satisfactory closure to a relationship
Autor: Elijah James

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