Divorce Mediation Process: The Least Adversarial Approach to Concluding a Marriage
December 2nd, 2008 | by guest |Avoiding court time should be your goal during separation / divorce. It is costly! The best case scenario has the couple agreeing ahead of time how all assets will be divided, and what will happen to any affected children. Then their lawyers draft all required paperwork, and the separation/divorce is made final.
The problems start when the couple cannot agree on the process, or the splitting of assets. The divorce mediation process is the way to go in this case. If the couple can agree on a specific mediator, then this is the best and most economical route.
A divorce mediator is a nonaligned person or organisation which is professionally trained to assist divorcing couples to work out the unavoidable quarrels taking place in the course of the divorce mediation process. The most important duty of the divorce mediator is to create a realistic and practical separation arrangement.
5 Basic Reasons Why Divorce Mediation Is Better
(1) usually faster and cheaper than lawyers/courts
(2) more personal, as you and your ex shape the final agreement
(3) makes for a “friendlier” divorce (good if young children are involved)
(4) more flexible than court ordered agreements
(5) more confidential than court ordered agreements
The Process of Divorce Mediation
The mediator will probably work you through a number of draft agreements, until the final draft thus generated is agreed upon by both aggrieved parties in the divorce process. The divorce mediator will develop a closing document fit to be signed and sealed by both persons.
This process does not eliminate the need for lawyers. Both the parties should still be represented through their lawyers, who would conduct a review of the concluded divorce agreement.
Finding a Mediator
There are 4 basic ways of finding a mediator.
(1) friends who used one
(2) your lawyers
(3) yellow pages
(4) Internet search
Separation and divorce are negative processes, and the legal process can sometimes make it more adversarial than it needs to be. Our hope is that you and your ex can agree on a mediator, as it can be a much calmer and sane way to go through the process.
