Essential Basics of Divorce Mediation

Essential Basics of Divorce Mediation

Divorce mediation is an approach embraced by many divorced spouses today to negotiate a fair settlement. The process, for instance, divorce mediation in San Diego, will require the two conflicting parties to hire a third party referred to as the mediator. The third party is normally neutral and is not required to take any sides whatsoever. The conflicting parties will comprise the spouses with their lawyers.

The mediator’s work is to assist the two parties in having discussions concerning the divorce issue to decide in the end. It is not the work of the mediator to make various decisions on behalf of the two parties. They should only facilitate the process for the spouses to achieve a better outcome. Divorce mediation comes with several advantages. Therefore, it would be better for spouses who want to file a divorce case if you considered mediation before escalating it further.

The process normally works for almost all couples, and it would be best if you tried it. Some of the benefits of divorce mediation include:

  • The two parties have the authority to control the divorce process by having discussions until they reach a point of agreement.
  • The process could provide better communication between you and your spouse if you were used to arguing all the time.
  • The process does not limit to you obtaining a lawyer of your own. You can still have one to advise you concerning various legal matters.
  • Also, the mediation process incorporated a lot of confidentiality. Therefore, it does not upload whatever is going on in the divorce case to the public eye.
  • When it comes to mediation, agreements are normally reached after an assessment has been done on what will be fair to both parties. In short, it will rely so much on personal ideas instead of legal requirements.
  • In most cases, the process will settle all your issues concerning the divorce case.
  • Lastly, the process of mediation is normally less costly compared to other approaches such as continuous hearings in a court of law.

The benefits mentioned above are why so many divorced spouses will opt to go for the process. However, as much as mediation works for most spouses, it is not suitable for some people. The process will not suit couples with issues of domestic violence in their homes. If you have such cases, you must think deeply before going for the process since the issue may escalate later.

Abusive marriages may make few couples seek mediation to get empowered, hoping that having a neutral ground would make them agree. However, most would prefer having an attorney to represent their case since one party may take advantage of the fact that the divorce mediator cannot tell you to do anything. In this case, they may delay the process intentionally for them not to take responsibility. Therefore, with domestic violence, the process is risky since one party may get the chance to manipulate the other party in the name of mediation. Therefore, if your divorce case has this issue, it is better to take it to a court of law.

Conclusion

The divorce mediation process is simple and the best approach when your case is not too complicated. For the process to be successful, the spouses must be willing to present themselves to have discussions, negotiations and finally come up with an agreement. It is not right to do away with this approach just because the two of you view things from different angles. All you have to do is to try. The process is effective, and it may end up resolving divorce cases that seemed complicated at first, thus resulting in a settlement.

About the Author: Jill T Frey

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