Mediation and Divorce the nonadversarial approach to Dissolution

Often people find themselves at the point in their life when they must decide to go forward with their marriage or should they terminate their relationship. One impediment they might find that might decide their decision making in going forward, is the enormous divorce process that they face once they file divorce papers with the court. The legal process through the Court system is often daunting and will cause enormous stress to the parties.  Therefore, there is an alternative solution that many parties are using nowadays that might resolve the unnecessary stress with the divorce process. Mediation is an informal and less stressful divorce process that many people find very beneficial in going through the divorce.

This process involves the parties meeting at a lawyers office or even a nonlawyer if they so choose.  This type of setting is much more pleasant and does not involve going to court. Once in the office the parties can sit with the Professional and proceed going through the divorce process.  All of the documents and procedures are involved in this Mediation process however, there is no need to go to Court.  The Professional Mediator will do all the paperwork and do all the Court filings.

Now the difficult part of all divorces is coming to an agreement with all the issues of the divorce such as support payments, division of property and custody issues. In a Mediators office all these issues can be handled without conflict in the Mediation setting. When both parties can come to the Office with their prospective requests and desires the mediator often can find that middle ground that often cannot be found in Court. If the Mediator is an experienced family law attorney they often can explain the outcome of the issues to the parties and act as an effective intermediary to resolve all potential conflicts. They can explain how a custody schedule might work and what way would be more effective for the parties.  They can also resolve the financial issues involved in the divorce. The mediator can look at all the financial declarations of the parties and resolve the spousal support issues if any.  They can also divide assets without having to fight in Court.

If parties can come to the Mediators office with the desire to find compromise and save a lot of time in Court the Mediation process is really productive and beneficial to the divorce parties.  Often people when the enter into a divorce are very bitter and divisive.  They often want to gain the upper hand in the divorce and feel vulnerable and want revenge on the other side. It is the Mediators role to mitigate those feelings of resentment and also put a realistic perspective upon the parties about how the Court system works and what is reality based desires and what is fantasy.

The mediator plays a neutral role with the parties, they cannot take sides nor advocate one party over the next.  They are there to be a neutral third party and assess what is the best resolution for the the outcome of the divorce.