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What is Divorce Mediation and How Does it Work?

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Question: What is Divorce Mediation and How Does it Work?

What is Divorce Mediation and How Does it Work?

Answer:

Meditation during divorce is a way of finding solutions to issues such as child custody and spousal support. It is an alternative to formal process of divorce court. During mediation, both parties to the divorce and their attorneys meet with a court appointed third party. This third party, the “mediator” assists the parties in negotiating a resolution to their divorce.

Parties have the opportunity to discuss the issues, clear up any disagreements and come to an agreement that they both agree to.

The mediator is an objective party. It is not his / her job to resolve problems or force an agreement on the parties. He / She helps the parties come to an agreement by acting as an intermediary. He / she may offer an opinion or make suggestions but, at no time are they allowed to force an agreement upon the parties.

Some of the Advantages of Mediation:

  • Saves time and money. If successful, mediation means sidestepping the formal process of divorce court. This shortens the process for the parties and helps minimize the caseload of the Family Court System.
  • Is fair to all concerned. The mediator is a third party who has no interest in the outcome. He / she stands to gain nothing. Because of their objectivity they may be able to see solutions the parties can’t because they are not emotionally invested in the outcome.
  • Is a confidential process. There is no court reporter taking down every word said. Any notes taken by the mediator are thrown away afterwards. You don’t have to worry about your “dirty laundry” being aired in public. There is no public court process.
  • Avoids long, drawn out litigation, saves money in attorney fees and cuts down on the steps one normally has to go through to obtain a divorce.

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