Divorce is frequently filled with explosive emotions and high stress levels. Wherever feasible, the most competent family law and divorce lawyers urge their clients to participate in divorce mediation. In fact, in an increasing number of jurisdictions, mediation is a required initial step in the divorce process. Learn more about We Resolve Disputes, Overland Park.
Even individuals who wanted an amiable divorce may find themselves embroiled in acrimonious arguments when dealing with complex divorce situations including child custody and substantial wealth distribution issues. Divorce mediation is a cost-effective alternative to conventional divorce litigation that assists divorcing spouses in reaching a divorce agreement that empowers them in a less confrontational process by working through problems with a neutral third-party.
A divorce mediator, who has been trained to assist individuals seeking a divorce in reaching agreements, concentrates on solutions over one or more sessions to address each area of dispute. Due to the mediator’s inability to provide legal advice, divorce lawyers or family law practitioners are often present during mediation sessions and may meet with clients privately to provide guidance throughout the process. When emotions escalate, trained mediators can help keep talks on course by calling for pauses and doing reality checks. Building on their previous success, experienced mediators may assist couples in resolving minor disputes to help them develop confidence in the process and understand the advantages of mediation.
From simple, uncontested divorces to those involving complex issues such as asset valuation and property distribution, alimony, child custody and parenting issues such as child support and maintenance, retirement, and other potential issues, mediation is often a far more efficient way to end a marriage or long-term relationship than going to trial. The mediation process may assist to clear up misconceptions and establish the tone for a solution-oriented, mutually beneficial approach.
Divorce mediation is a flexible and private process that promotes open, healthy communication. Mediation may greatly assist parents in dealing with the emotional reality of defining and conveying parental duties and obligations throughout the divorce process and long into the future, while keeping the needs of children in mind.
Divorce mediation works best when both parties are eager to discuss, reach fair agreements, and sympathise with one another’s situation. Divorce mediation is unlikely to be a feasible option if there is a significant level of tension and animosity, or if one or both parties are reluctant to approach their divorce with a spirit of give and take. Instead, litigation, including a trial, would likely follow. Litigation may lead to increased levels of resentment and anger, increasing the crucial misunderstanding that must be avoided, especially when children are involved. It is essential to remember that mediation is not an option when spousal abuse is a problem.
Divorce mediation is likely to be recommended to clients by experienced child custody and divorce attorneys practising family law to shorten the divorce process, facilitate ongoing communication that is so important to the co-parenting process, save clients money, and reduce the amount of animosity that results from divorce.