Divorce and custody disputes are a difficult period in an individual’s life. The family must learn how to live separately while still being tied to each other. During a divorce, documents are created that will tell the family how they are to interact with each other during separation and after the divorce. These documents structure how the children will be raised, how much child support will be paid, how they are going to divide assets and debts, how retirement benefits will be allocated, and many other crucial aspects of daily life. In creating these documents, conflict often arises. The traditional course for resolving conflict involves both parties, attorneys, and significant amounts of fees. Mediation offers a more effective, personally designed, and cost saving alternative.
What is it?
Mediation is way to solve problems by using an impartial mediator. A mediator is a neutral third-party who is trained to help couples communicate and reach agreements on how they want their divorce to occur. The mediator will not decide how to resolve your problem, but they will provide you the tools to resolve the conflict yourself.
Who should do mediation?
Mediation is a system that would be great for almost anyone. Allowing individuals to resolve their own problems outside of court creates lasting solutions. But it is only as effective as the individuals that are involved. If someone wants to fight for the sake of fighting, there is no peacemaker that can make the parties willingly agree. For those situations, the court system will be the avenue used to resolve the conflict. When the court is involved the judge will hear both sides and he or she will determine what the result should be.
When do I need to go see a mediator?
When to see a mediator is up to you and really depends on when the conflict arises. If you would like to shape your divorce or child custody arrangement before hiring attorneys, seeing a mediator can stream line the process and help you reach an agreement that is cost efficient and specifically designed for your family.
If you already have attorneys but you and your spouse are not able to reach an agreement, that is also a good time to seek a mediator. Every time an attorney is used to settle a conflict the cost of the divorce is going to dramatically increase.
Mediator’s can be useful after a divorce when the parties are having difficulty implementing the court order. A mediator can help both parents find a peaceful method of resolving conflicts post-divorce.
How is it paid for?
Since the mediator is working for neither party, both parties will split the cost of the mediator. Each sessions is paid for in advance based upon the hourly rate of the mediator.
For more information, please contact our office!