A change that has slowly crept into the legal profession is the increase in divorcing couples who are choosing to use divorce mediation to resolve their cases. The results are lowered legal fees, faster case resolutions, and perhaps most importantly, lowered animosity over post divorce issues like child custody.
What is Divorce Mediation?
Divorce mediation is a process in which the couple hires one lawyer who acts as a facilitator to help the parties resolve their divorce issues. This is done through one or a series of mediation sessions conducted by the mediator. The mediator does not represent either party, but acts as a neutral individual focused on settlement. The process empowers the parties by allowing them to control what happens in their case and keeps them out of court. When an agreement is reached, the mediator usually prepares the final divorce documents for filing.
The Challenges of Divorce Mediation
The two biggest challenges to using divorce mediation are: (1) Being in the right emotional space to be able to use a mediator; and (2) Finding a qualified and skilled divorce mediator who can successfully resolve your case. Couples must be able to communicate about their issues and be willing to compromise. If you have a high level of conflict, mediation may not be right for you. It can also be difficult to find an attorney with a high level of experience and skill, who has also incorporated mediation into his or her practice. The search is, however, well worth the effort. So, while divorce mediation might not save the world, it can certainly save your financial resources, provide you with a fast resolution of your case, and hopefully allow you to preserve an amicable relationship with your former spouse.