You and your spouse will meet with an impartial mediator trained to help you resolve your divorce issues. The mediation sessions are usually held in a relaxed office environment, although you may be able do your mediation via the internet. Mediators can assist you in reaching an agreement with your spouse on issues such as child custody and support. They also help to divide property. Mediators don’t give legal advice or make any decisions. They are facilitators who help couples decide what is best for them.
Mediation does not require that you have an attorney present. Many mediators are concerned about the tension that may arise if an attorney is present. It’s best to get a lawyer divorce mediation if your mediator permits lawyers and your spouse is also going to have one. You’ll be at a significant disadvantage in negotiations if you don’t hire an attorney.
Even if an attorney is not present at the sessions of mediation, it may be worth consulting with one in advance to get advice and prepare you for the session. If possible, it is a great idea to at least have an attorney review the settlement agreement you reached in mediation before signing it. Although you will have to pay an hourly rate for the services of the attorney, you could end up saving money in the future if you are able to negotiate a better settlement or prevent unforeseen outcomes.
Mediation can make the divorce process easier. After all, you have done the work to settle the issues in mediation. You are now able to file for an uncontested divorce. Uncontested divorces tend to be less costly and quicker than litigated divorces.
You’ll be able to save on attorney’s fees as well as the cost of going through a trial with an uncontested divorce. Uncontested divorces are often expedited by many courts because they have been pre-determined. This means that the judge can finalize the divorce much faster than in a trial.
You should not use mediation if you have experienced or are experiencing domestic violence. Instead, you need to seek help from an attorney or another qualified professional. You should carefully weigh both the benefits and disadvantages of mediation if there has been abuse in the past.
Some people who were abused may find that meeting on an equal playing field in a session of mediation is empowering. Most mediators also take steps to make sure that the mediation takes place in a safe environment (for instance, meeting separately with each spouse). Some people who’ve been victimized may find the idea of meditating a difficult experience. Others might think that power dynamics or intimidation are overwhelming. They might decide to hire a lawyer to do all their negotiations. Some mediators will not take domestic violence cases.
Mediation is probably not worth it if you think your spouse has hidden assets, is wasting money, or is lying. Negotiation will not be successful if neither spouse is truthful and follows the rules. The mediator cannot order you either to pay support or delay proceedings.
