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The Benefits of Divorce Mediation Instead of Litigation
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By: XSTILLA.COM
The divorce mediation process uses the services of a third, neutral party whose purpose is to help both spouses to reach an agreement as to the terms of their divorce settlement. These terms must be mutually accepted by both sides before their attorneys takes the agreed upon draft and prepare a formal agreement for the divorce.
Mediation is most always less expensive than litigation, which is why a large majority of couples choose this option when trying to agree upon financial or custody issues. The mediation process doesn't require any court appearances, and the mediator will obtain and prepare all of the necessary legal documents.
Mediation avoids the hostility or resentment that often results after court appearances, and helps to outline a custody agreement that's fair to all with the children's best interests put first. The process also helps those couples with children make the transition from cohabitating to co-parenting, and a trained mediator will present options that ensure both parties will be satisfied with the agreement long term.
During the process, the mediator meets with both spouses together to discuss the case and exchange ideas about how to settle the issues at hand. A mediator is not meant to be a counselor, but rather to offer unbiased advice that's fairest to both sides based on the laws in your state and the details of your specific situation. Any experienced mediator will work to find common ground, or be able to offer a viable solution to both spouses in the event they are willing to work toward an agreement.
The mediator will discuss at length issues such as the property division laws, calculate alimony or child support, and basically offer both sides a chance to agree together without the need for going to court. Whereas with litigation, the respective lawyers must argue the case before the judge, rather than saving time and money by first coming to an agreement out of court with a mediator.
Some people are surprised to learn that mediators aren't only those who work in the law profession, but may also be social workers, financial planners, or mental health professionals such as psychologists. One constant is that a mediator should have training specifically regarding matters of divorce, and when choosing one for your case, don't be hesitant to ask these eight important questions:
1. Are you a mediator who specializes in matters of family law?
2. How long have you been working in divorce mediation?
3. Do you have any special training or hold any type of certifications?
4. Are you fully aware of the usual procedures and laws in this state regarding issues such as custody issues or spousal and child support?
5. How many cases have you handled during the past year?
6. What are the guidelines you will use to make sure everything is covered?
7. Do you see both spouses together, or separately?
8. What are your fees and your billing procedures?
Face-to-face mediation may indeed be a rather difficult process for many people, however, litigation may be far more painful, and the financial benefits of mediation definitely outweigh frequent appearances in the courtroom.
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JT007
February 28, 2008 at 01:17PM
