Featured News 2018 What Is Divorce Mediation & How Can It Help?

What Is Divorce Mediation & How Can It Help?

American television shows and movies give a powerful depiction of what divorces can be. The spouses are bitter and angry, fighting over seemingly insignificant items and saying things like "you will hear from my lawyer." While some real-life divorces are like this, others are much more peaceful. It is entirely possible that two people's attraction and love for one another just dies out—and, at that point, they make a conscious decision to part ways. There is little to no bitterness, both parties are on the same page about most things, and they do not want to spend thousands of dollars in court proceedings. In these scenarios, divorce mediation can be a prime solution.

What Is Divorce Mediation?

Divorce mediation is when a couple hires a family lawyer to oversee the divorce process. In mediation situations, the couple handles their divorce outside of court. They meet together with an attorney, talk about the issues, decide on the terms of the separation, and end it. No judge is presiding over the case, the couple is not arguing over the issues, and the divorce process is much more peaceful because of this. All parties can meet in a room, sit down, and informally talk about the divorce process to work it out. That is the goal of divorce mediation.

Why Divorce Mediation?

Divorce mediation has many benefits over the traditional courtroom divorce process.

Here are some of the benefits of divorce mediation:

  • Less expensive than court divorces
  • Less formal than courtroom proceedings
  • More of a team effort instead of "us vs. them"
  • Typically faster than courtroom divorces

Where Can Divorce Mediation Breakdown?

Divorce mediation is a useful tool, but some circumstances need more than negotiation. Spouses may be unable to see things as their partner does, and there may be issues where the two will never see eye-to-eye. In these circumstances, court proceedings can be helpful because a judge decides the result of a problem that is otherwise unsolvable. Therefore, couples can choose to work out 90% of their divorce issues through the mediation processes, and the other 10% can be decided in court.

In either circumstance—mediation or a courtroom divorce—hiring a family law attorney may be necessary. For this reason, finding the right attorney can be the first step to a healthy divorce.

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