Divorce litigation isn’t always necessary. In law, spouses are free to come to any arrangement that benefits them. They are free to make whatever arrangements they see fit for child support, property distribution, and so on.
There is a risk because of this legal leeway. If you’re getting a divorce, it’s probably not for a good cause. You or your partner probably have some resentment or animosity toward one another. Because of this, collaboration may be challenging.
To avoid going to court during a divorce, couples who are having trouble communicating might look into mediation services.
The Definition of Mediation
Conflicts in the law can be resolved through a process called mediation. It’s a way for the parties involved to avoid going to court.
In essence, the disputants consult with an impartial attorney. This person isn’t looking to make either client happy by any means. During discussions, they serve as a go-between for both sides. It is up to them to find answers that satisfy everyone.
A mediator can assist in resolving the most contentious issues that arise during a divorce, including equitable distribution of marital assets, alimony, child support, and parenting plans. Since you will be resolving this problem outside of court, they will be able to assist you in resolving any other issues that may have arisen throughout the course of the dispute.
It is advisable to consult with an experienced Sandy divorce attorney if you need specific answers about your legal options.
What to Expect From Mediation
You must sign a waiver before proceeding with mediation. The agreement essentially indicates that you will follow the decisions made in mediation. You should consider this a binding contract. If one party breaches it, the other may seek judicial resolution of the dispute.
An advocate can be present during mediation. It might be anyone from a close friend to a colleague to a different lawyer. Here, the procedure stays the same. To this day, everyone involved remains committed to finding solutions that benefit all parties. Some people may have difficulty communicating because they are either naturally shy or too easily moved to tears. A representative acts as your spokesman, arguing on your behalf.
It usually only takes one session of mediation lasting two to three hours to settle a divorce. The mediator’s fee is based on the number of hours spent meditating, and then there are the court costs.
