Mediation
Considering Mediation
Not every divorce or family dispute needs to end up in the courtroom. If you and your spouse are open to pursuing a conversation with the help of a neutral third party to decide your divorce’s course of action, mediation might be right for you.
Mediation can save you time and the stress of going to court while giving you more control over the final outcome, and is often less expensive than traditional divorce proceedings. It is confidential, timely and entirely voluntary. Many divorcing couples who go through mediation are more likely to comply with the agreements reached, and feel personally empowered by the process.
Considering Mediation
Not every divorce or family dispute needs to end up in the courtroom. If you and your spouse are open to pursuing a conversation with the help of a neutral third party to decide your divorce’s course of action, mediation might be right for you.
Mediation can save you time and the stress of going to court while giving you more control over the final outcome, and is often less expensive than traditional divorce proceedings. It is confidential, timely and entirely voluntary. Many divorcing couples who go through mediation are more likely to comply with the agreements reached, and feel personally empowered by the process.
The Process
Once you come to the decision to divorce, you'll begin the process with Leslie and the team at your side.
If you and your spouse decide to move forward with mediation, you can expect to identify issues that need to be discussed with the mediator, who will then put together an agenda for the mediation. They will probably ask for more details and information about each spouse’s position on the issues at hand, and then move forward in addressing them together.
In a safe environment, the divorcing parties and mediator will then brainstorm solutions based on the wants and needs of each individual. In some cases, child specialists and financial experts are included in the mediation process to weigh in on issues relating to custody, spousal support, and so forth. Through guided conversation in this more open setting, the goal is to come to mutually agreed upon terms for moving forward.
The Paperwork
Either the divorcing parties or the mediator can be responsible for filing the necessary paperwork, to be determined during the process.
The mediator can assist in preparing and filing court documents, including the Petition for Dissolution of Marriage or Legal Separation, the Response, the requisite disclosure documents, the agreement, judgment and all other necessary paperwork.
Benefits of Mediation
1. Greater Control/Mutually Satisfactory Outcomes. Mediation increases the control the parties have over the resolution. Each party is directly involved in negotiating their own agreement and no settlement can impose either party. In comparison, dissatisfaction is often experienced in court where parties have little choice but to accept the decision made.
2. High Rate of Compliance. Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a third party decision-maker.
3. It’s Confidential. Unlike the potential publicity of court proceedings, everything said at the mediation is entirely confidential. (unless specifically agreed otherwise).
4. It’s Voluntary. Any party may withdraw at any time.
5. Convenience. The mediation is arranged at a date, time, and venue convenient to the parties, who each have their own room as well as a separate room for joint meetings. The Mediator listens to everyone’s view, talks to the parties privately and together, guiding them towards a settlement.
6. Reduced Costs. Generally the cost is greatly reduced in comparison with trying to settle the matter through court. Traditional litigation is very expensive and the total cost is highly unpredictable.
7. Faster Outcome. In an era when it takes months to get a court date, and multiple years depending on the complexity of the case, mediation alternative often provides a more timely way of resolving disputes. When parties want to move forward, mediation may be desirable as a means of producing rapid results.
8. Support. Mediators are trained in working with difficult situations. The mediator acts as a neutral facilitator and supports each party through the process.
9. Personal Empowerment. People who negotiate their own settlements often feel more powerful than those who use surrogate advocates, such as lawyers, to represent them. Mediated negotiations can provide a forum for learning about and identifying interests and reconciling injustices.
10. Preservation of Relationships. Where divorcing couples have children, it is beneficial for all involved to preserve the family. Mediation helps participants focus on effectively communicating with each other as opposed to attacking each other. A mediated settlement that addresses all parties' interests can often preserve a co-parenting relationship in ways that would not be possible in a win/lose decision-making process. Mediation can also make the termination of a relationship more amicable.
Please click here to contact a team member of Leslie A. Soley, Attorney at Law for more information on the mediation process.