Divorce Mediation: Everything You Need to Know
IS DIVORCE MEDIATION RIGHT FOR YOU?
Research PowayIf you have agreed to divorce from your spouse then there are a lot of things that you will need to sort out. At times this can be overwhelming and you may be tempted to just pay divorce lawyers to sort it all out for you. Divorce mediation can be a very good alternative to doing this.
When you hire divorce attorneys you will play a very passive role in the outcome of your divorce. This means that you could well end up with a decision from the courts that does not suit you, your spouse or your children. The courts will impose this decision and you will have no choice. Who wants to be in a situation like that?
What is Divorce Mediation?
A divorce mediator will not side with either spouse. They are neutral and their role is to facilitate discussion and agreement. A mediator is there for both spouses and will answer any questions that either have. They will arrange mediation sessions for you and your spouse to attend and will then encourage positive discussion so that an agreement can be reached.
After reaching an agreement your divorce mediator will draft the necessary documentation, usually called a marital settlement agreement. The mediator will file the agreement with the court and a judge will sign it. Neither spouse has to attend the court.
Divorce Mediation is usually Faster and Cheaper than Litigation
The cost of divorce mediation is based on how long it takes to reach an agreement. The more complex your divorce case the longer it will take. But we are usually talking anything from a month to six months here. You and your spouse will dictate the pace. The faster that you are both willing to get together with the mediator to discuss and agree everything the better.
Litigated divorces are never as fast as this. It can take divorce lawyers months to go back and forth with offers and counter offers. Waiting for a court date is another problem with a lot of courts providing dates at least a year in the future.
Then there is the cost of litigation. You will have to pay two divorce attorneys and then the court costs. It costs around $40,000 to litigate a divorce in California if the case is relatively straight forward. Divorce mediation will cost a fraction of this. There is only one mediator to pay and it is very likely that the cost will be under $10,000.
It’s good to Talk
A competent and experienced divorce mediator will get a couple talking. Even if there is a lot of anger they have the skills to help the spouses put this anger to one side and concentrate on the divorce settlement.
The mediator will lead the discussion on the issues that need to be resolved. They will encourage both spouses to contribute and will use strategies to overcome power imbalances. After reaching agreement both spouses will feel good about it because they contributed. They are more likely to comply with the agreement as it was not imposed upon them.
Is Divorce Mediation best for you?
It is not just about saving time and money although these are great benefits. Divorce mediation will work well for you if you are willing to be open and honest and have no desire to hide assets etc. You just want a fair agreement. Try it before you appoint divorce lawyers.
Our divorce mediation services will help you to reach an amicable agreement that you and your spouse are happy with. Our trained and experienced mediators will help you every step of the way. Please contact us here so that we can discuss your divorce mediation further in total confidence.