The Process Of Divorce Mediation

Robin Khan By Robin Khan, 19th Apr 2016 | Follow this author | RSS Feed | Short URL http://nut.bz/12oorjie/
Posted in Wikinut>Family>Divorce

Divorce mediation is a process which is growing increasingly popular for divorcing couples. Depending on the state where the couple is filing for divorce, mediation may be court-mandated or voluntary.

The Process

If the couple agrees to negotiate the terms of their divorce through mediation but are not successful in doing so, they may then go forward with litigation and present their case before a judge. There are a number of reasons that it is to the couple’s benefit to use the mediation process successfully so, once it has been agreed to and begun, most will make the effort to negotiate the terms of their divorce successfully.

Some of the Decisions Made during Divorce Mediation

Making the decision to divorce is probably the biggest one you will make. In order for mediation to work effectively, the decision to end the marriage must be mutual. When one spouse does not want a divorce and the other does, there are more likely to be greater areas of conflict and stronger emotions that limits their ability to sit down and work things out.

Mediation takes place outside of the courtroom in an atmosphere of peace and respect. Both spouses need to be devoted to making the most of the opportunity before they are likely to end up reaching a resolution. If couples agree on most issues or at least offer some flexibility, the mediator should be able to find a middle point that will work for everyone involved. A highly disputed divorce is not a good option for divorce mediation. However, if the mediation is court-mandated, couples should make the effort to find common ground and compromises that allow the process to proceed to completion. Mediator David M. Moore explains that he attempts to steer a path toward resolution and get a fair result for all of his clients whenever possible.

The Differences between Litigation and Mediation

Litigation refers to legal action between two or more parties. It takes place in a courtroom with a judge or jury to decide the outcome. Each side has legal representation to submit evidence, question witnesses, and argue the legality of the opposition’s claim. The detailed process of litigation can take days, weeks, months, or years, depending on the specifics of the case and the number and complexity of issues involved. The longer a court case takes; the more money it costs.

When two parties face off in litigation, it is typically an adversarial process. Each side wants to come out the winner. When the case is a divorce, there are often a lot of emotions added to the mix. In reality, many of the arguments that a spouse wants to make have no real value to the case. When the judge rules, it is based on the laws, not on the unique specifics of the case. Although the final decision is often one that neither spouse is happy with, it is binding.

Mediation, on the other hand, is cooperative, peaceful, and respectful. Instead of a courtroom trial, the couple has one or more hearings in a comfortable setting. Both spouses must come to the mediation hearing with a genuine desire to reach a resolution and the willingness to work in a cooperative manner to work out all the issues they are facing.

During the mediation process, the spouses will suggest different options for their dispute and the mediator will guide them through the negotiations. Each issue will be worked out, including the separation of property, child custody and visitation, payment of bills and the management of mutual accounts. One of the advantages of divorce mediation is that the couple must agree on the resolution before the mediator writes the document called the award and the decision becomes final. When it does, it is binding except for special circumstances that may be brought into question later. Both spouses retain equal control over the resolution.

A Less Expensive Way to Get a Divorce

During a divorce case that goes to litigation, each spouse will hire their own attorney. They may, or may not, ask for a retainer up front but many attorneys don’t get paid until the case is settled. While this works as a convenience for those with their money tied up in their divorce case, the final bill can be overwhelming. This is because legal fees can take a large chunk out of your lifetime savings and result in each spouse getting far less money than they expected. By the time the attorney’s 30% is deducted from the amount they are awarded by the judge, they still end up feeling as though they lost the case to a certain degree.

Divorce mediation prevents you from having to pay legal fees to an attorney or court costs. Although some spouses prefer to hire an attorney to represent them if all or some of the issues in the case are complex, hiring a mediator who is also an attorney alleviates the need to pay an additional charge.

While a divorce case may reach well into the thousands before the divorce is granted, mediation services are often offered at a set price. You can usually expect to pay a few hundred dollars instead of the thousands that litigation costs. In addition, there are no hidden costs that come up at the end of the mediation process.

In the Best Interest of the Children

As difficult as it is for the spouses to go through a highly contested divorce, it is even more devastating on the children. Their lives get put on hold while their parents fight out the issues surrounding the divorce, often shuttling them back and forth from one home to the next one. Children are often used as leverage against the other parent. With divorce mediation, there is never a “one spouse takes all” end result that leaves everyone involved unhappy with the outcome. The spouses can focus on providing the children with the custody, visitation, and payments that are necessary to provide them with the best possible care.

More couples are finding that divorce mediation is faster, more cost-efficient way to end their marriage. There are many more advantages, none the least of which is being better parents for your children.

Image Credit: Steve

Tags

Divorce, Divorce Counselling

Meet the author

author avatar Robin Khan
I am a great writer! Believe me!

Share this page

moderator Peter B. Giblett moderated this page.
If you have any complaints about this content, please let us know

Comments

author avatar Enoch Davies
26th Dec 2016 (#)

GET YOUR EX WIFE, EX GIRLFRIEND, EX BOYFRIEND AND SOLVE ALL TYPE OF PROBLEM THROUGH COVENANTSOLUTIONTEMPLE@GMAIL.COM. My name is Enoch Davies
.my wife and I got married 6 years ago and we were so much in love with each other, we have 2 kids(josh and rebecca). One day my wife came back home from her friends place and she told me that she wants us to file for a divorce that she's no longer interested in our marriage, i was surprise and everything seem to me like a joke. after then i tried all my best to get her back but there was no way. but to no avail, my heart was broken, i wondered whats happening .i was on facebook when i saw a post on how Dr Ewan helped a lady to bring back her lost husband. i was scared but because i love my wife so much and I am ready to do anything to bring her back. I decided to give it a try by contacting him via email:covenantsolutiontemple@gmail.com, So when i contacted him i narrated everything to him and he said my case is not a serious one that my husband will come back to me within 18 hours if i believe in his power.he told me to do some things to do which i did before 18 hours, my wife called me on phone and was crying for forgiveness. right now we are now a new branded family with more happiness, we are even going on vacation on xmas. please if any one of you out there is passing through same issue in your marriage, relationship issues contact Dr Ewan today or call or add him on whatsapp on +234905735398 or check out his webpage http://allwomenstalk.com/p/58034af4f725a97d108b4569. contact him today on covenantsolutiontemple@gmail.com now.
. I will keep on sharing the good news about this. Thanks Dr.

Reply to this comment

author avatar Jack Titchener
28th Jul 2017 (#)

I really like the idea of eliminating the additional charge of one more lawyer by having a mediator. My wife and I are getting a divorce, and since we don't have any complicated legal issues, we have been thinking about getting a mediator for a cheaper settlement. Thank you so much for the helpful legal advice! http://www.krstevens.com/family-divorce.html

Reply to this comment

author avatar Erica philip
9th Oct 2017 (#)

DIVORCE AND MARITAL BREAKTHROUGH

It all started when my husband cheated on me with another woman unknowing to him that the woman is a wizard, the woman castes a spell on my husband which made my husband change his feelings towards me and the kids and broke our 6 years marriage. i was confused and stressed because of the pains of being a single mother, when i called a friend and explained my marital challenges to her, she instructed and directed me to contact a great powerful spell caster called Dr. Ugo Wonders living in Florida. i contacted Dr. Ugo and explained my problems, he assured me his help and it was 100% guaranteed. i provided the materials for the spell and in 48 hours, after Dr Ugo Wonders of generalspelltemple@gmail.com finished casting the spell, my husband was free from the evil woman spell and he came back home to us a day after begging us to forgive him. i was so shocked and short of words and here i am today happily testifying so the world can know how this great man helped me with his real powerful spell.
To every one with marital problem, divorce issues, lost lover or any relationship related issues, you can contact Dr. Ugo wonders the ultimate spell caster via his email address generalspelltemple@gmail.com or call his mobile number directly on +13863369876

Reply to this comment

author avatar Mrs collins
21st Dec 2017 (#)

I am MRS COLLINS, from CANADA, I promise to share this testimony all over the world once my Husband return back to me, and today with all due respect i want to thank DR AKHERE for bringing joy and happiness to my relationship and my family. I want to inform you all that there is a spell caster that is real and genuine. I never believed in any of these things until i loosed my husband, I required help until i found a great spell caster, And he cast a love spell for me, and he assured me that I will get my husband back in two days after the spell has been cast. Three days later, my phone rang, and so shockingly, it was my husband who has not called me for past 6 months now, and made an apology for the heart break, and told me that he is ready to be my back bone till the rest of his life with me. DR AKHERE released him up to know how much i loved and wanted him. As I`m writing this testimony right now I`m the most happiest woman on earth and me and my husband is living a happy life and our love is now stronger than how it were even before our break up. So that`s why I promised to share my testimony all over the universe. All thanks goes to DR AKHERE for the excessive work that he has done for me. please brothers and sisters if you are ppassing throuhg any kind of problem contact this great sspell caster
via his email akheretemple@gmail.com

Reply to this comment

author avatar Gunn Jenssen
14th Jan 2018 (#)

HOW TO GET YOUR EX BACK WITH YOU NOW!!!
I have something to share with you!!! There is a great joy in my heart which I want to share with everyone. My name is Gunn Jenssen Faith . I had a misunderstanding with my lover several months ago; which led us to break up and he never wanted to hear my voice again. But as time went on, a good friend of mine recommended DR.PEPOKO who could help me with Love Spell to get my man back. At first, I thought the idea of a love spell was strange,but was willing to give it a try because i really love my boyfriend. For the first time I was scared to contact the DR.PEPOKO because I was not sure if what they did was against my religion. But my friend assured me that they only use Spell which is safe and has no side effects. I felt a little better and decided to contact DR.PEPOKO on his mail (pepokolovespell@gmail.com)I contacted him through his email and explained everything to him. He said that I shouldn't worry, that my lover will come back to me on his knees begging for forgiveness. I bought an item that he told me to buy for the preparation of the spell and assured me that my lover will come to me within 48 hours in remorse. My greatest joy now is that he actually came back to me and fell on his knees begging for forgiveness. We got back together and our relationship has been better this second time around. I have to give DR.PEPOKO all the credit for helping us get back to a better place than where we began. The new found love that my boyfriend has for me is incredible and i can't wait to see what the future holds for us. Do you have any problem with your loved one? Well worry no more because DR.PEPOKO can provide you with a spell to get him or her back. With the help of a spell just as he helped me. Contact DR.PEPOKO via email: pepokolovespell@gmail.com or visit her website: www.pepokolovespelltemple.blogspot.com

Here is my details also if you wish to contact me personal::: gunnjenssen.faith@gmail.com

Reply to this comment

author avatar Diana
15th Jan 2018 (#)

Hey,I'm so excited my broken Marriage has been restored & my husband is back after he left me and our 2 kids for another woman. After 8 years of marriage, me and my husband has been into one quarrel or the other until he finally left me and moved to California to be with another woman. i felt my life was over and my kids thought they would never see their father again. i tried to be strong just for the kids but i could not control the pains that torments my heart, my heart was filled with sorrows and pains because i was really in love with my husband. Every day and night i think of him and always wish he would come back to me, I was really upset and i needed help, so i searched for help online and I came across a website that suggested that Dr Mohammed can help get ex back fast. So, I felt I should give him a try. I contacted him and he told me what to do and i did it then he did a (Love spell) for me. 28 hours later, my husband really called me and told me that he miss me and the kids so much, So Amazing!! So that was how he came back that same day,with lots of love and joy,and he apologized for his mistake,and for the pain he caused me and the kids. Then from that day,our Marriage was now stronger than how it were before,All thanks to Dr Mohammed. he is so powerful and i decided to share my story on the internet that Dr Mohammed real and powerful spell caster who i will always pray to live long to help his children in the time of trouble, if you are here and you need your Ex back or your husband moved to another woman, do not cry anymore, contact this powerful spell caster now. Here’s his contact: Email him at: monicaspiritualtemple@gmail.com , you can also call him or add him on Whats-app: +2348134493948

Reply to this comment

author avatar Laura Daniel
7th Feb 2018 (#)

Greetings to my beloveth viewers,i want to share with everyone today on how Dr.ZUKU great spell caster almighty creator brought my Ex Husband back,i was so traumatize staying all alone with no body to stay by me and to be with me,but i was so lucky one certain day to meet this powerful spell caster Dr.ZUKU After telling him about my situation he did everything humanly possible to see that my Husband come back to me,indeed after casting the spell my Husband came back to me less than 24 hours,and start begging me that he will never leave me again,it was like a dream to me,but he did came back to me and promised he won't leave me anymore,one thing you must know is that there are many women that will go to any length to break your relationship,i know that once you contact Dr.ZUKU today your home will be fully restored,Dr.Zuku on his email: drzukuspelltemple@gmail.com
his Mobile number +16177296273 contact Dr Zuku Blogs
https://drzukuspelltemple.blogspot.co.ke/ his website https://drzukuspelltemplewhereallkindsofproblemisbesolve.wordpress.com/contact/

Reply to this comment

author avatar Vero Williams
3rd Apr 2018 (#)

I'm so excited my broken Marriage has been restored my ex husband is back after he left me and our 3kids for another woman. i was so happy to met Dr.ZUKU Blogs https://drzukuspelltemple.blogspot.co.ke/ how he help many people to bring there Lover back so i contact him to help me too. that was how Dr,ZUKU help me to bring my husband back.. A big thank to you Dr,ZUKU because I never thought my ex Husband will be back to me so quickly with your spell. You are the best and world greatest. if you are here and you need your Ex Lover back or your husband moved to another woman, do not cry anymore, contact this powerful spell caster now. Here’s his contact:
Email him at: drzukuspelltemple@gmail.com

You can also text/call:+16177296273

You can also visit his website: https://drzukuspelltemplewhereallkindsofproblemisbesolve.wordpress.com/contact/

Reply to this comment

Add a comment
Username
Can't login?
Password