Divorce mediation, also known as family mediation, is a relatively new phenomenon. It is an alternative to litigation that should be considered even before a divorce case is filed. Family mediation is a process in which divorcing spouses negotiate an acceptable divorce agreement with the help of a neutral third party — the Mediator. Mediation can help define the terms of the separation and is instrumental in developing interim agreements about finances, children, and living space.
People who are not familiar with the process, often have erroneous notions about what the process of divorce mediation is all about. Divorce mediation is alternative dispute resolution, not to be confused with marriage counseling; it is an alternative to fighting in court with your spouse through attorneys. Divorce mediation is probably the largest area of mediation practice at this time.
Child Visitation Issues
Frequently at stake are matters involving children, property, and finances, among other things. One issue often dealt with during mediation is child visitation. Child visitation laws are an integral part of the divorce process.
Child visitation is viewed as shared parenting time and is designed to optimize both parents’ time with the child. There are many ways to arrange a child visitation schedule. It is of paramount importance to consider how the child visitation will affect parties other than the parents, such as, grandparents, stepparents, and caretakers.
Divorce and Finances
Another important issue that is discussed in mediation is the issue of divorce finances. Finances are one of the leading points of contention in many marriages. This can often happen in families where one spouse controls the finances and gives the other spouse an “allowance”. The weaker party must have the willingness and ability to learn about finances. During the mediation, you will develop options for dividing assets and organizing finances.
Mediation is an affordable alternative to litigation that allows you to take control of your legal dispute without losing control of your finances.
Family mediation is less costly in time, money and emotional stress than litigation through the Courts. Unlike divorce litigation, divorce mediation is non-adversarial, designed to eliminate the win/lose atmosphere. It is a kinder and fairer way to divorce, helping parties obtain a divorce while maintaining their dignity and respect for each other. Divorce mediation is a way, perhaps the best way, to minimize both the emotional and financial impact of divorce.
Modern couples are using divorce mediation in increasing numbers, as they recognize that it is important to minimize the trauma of divorce for their own, and their children’s, well-being. Divorce mediation can result in winners all around, while divorce litigation usually results in everybody losing, one way or the other.
