A Mediated Divorce
The parties themselves are in the best position to resolve their case outside of court and divorce mediation is one of the ways they can do this. It can be very effective and can often be accomplished much more quickly than other methods of divorce. Mediators do not decide a case and they do not force either party to settle pending issues. They facilitate discussion between the parties and help them to reach an agreement on all issues without going to court.
During mediation you and your spouse meet with a neutral mediator who helps both of you work through your differences. Things generally begin with a joint session where each party makes a brief statement about that party’s version of the case. Then each party meets in individual sessions with the mediator until agreement is reached.
What is a Collaborative Divorce?
In a collaborative divorce the parties agree at the beginning of the process not to threaten litigation against each other. Each person submits reasonable approaches to the issues involved and the divorce is structured as a negotiation. The attorneys agree prior to negotiating that if a contested divorce is threatened and the situation cannot be resolved, they must withdraw from the negotiations.
Experts can be employed by both sides but they must remain neutral. The experts may only give advice if they give it to both parties at the same time. The goal is for the parties themselves to reach the divorce agreement that will work for both of them.
Do you need a lawyer if you are involved in divorce mediation?
It is important for those who meditate to have the representation of an attorney. A lawyer can help:
Thoroughly explain the mediation process so that an informed decision about using it can be made
- Advise their client of the law and let them know what options may be available
- Inform you about the potential consequences of any options being considered
- Let you know when it may be appropriate to take a break from mediation
An experienced divorce attorney may be found by calling Slater & Zurz LLP at 1-888-534-4850 or by going to the slaterzurz.com website and chatting with a 24/7/365 representative.