What Alternative Options To Litigation Do I Have If Mediation Does Not Work?
Mediation is applicable in a situation where someone is having a problematic relationship with their ex. All parties can meet together, or the parties can meet with the mediator in separate conference rooms. There may be times when we would stay in separate rooms throughout the entire process if that’s the wish of either of the two parties. Most of the time, we stay together throughout the entire process. There are, however, times when we might meet separately for a brief period of time and I’ll spend time with each party to find out their particular position on a specific issue. Meeting separately during mediation eliminates as much of the emotional aspects of the divorce proceedings as is possible because no one is being faced with finger pointing, or the bringing up of the issues that led to the divorce.
How Do I Talk To My Spouse About The Idea Of Mediation?
It’s always advisable to have people involved in the decision making process with regards to how their divorce is going to be handled. If someone called and informed me that I had an appointment with the dentist to have a tooth pulled next week, I would not take kindly to that being pushed on me without any knowledge on my part. While it takes two people to mutually agree to get married, it only takes one to decide to get a divorce. When there are two people involved who are unsure how to proceed, perhaps the best way is to let the second party be the one to determine whether to consider mediation or to go through a litigated divorce settlement. That gives the other person the opportunity to be involved in making the decision as opposed to feeling as if it’s being forced upon them. Most of the couples I work with have reached or accepted the decision to divorce, and want it to be amicable to be cost efficient, and “…just want to get divorced without all the trouble and expense”.
What Skills And Experience Do You Possess Which Make You A Successful Mediator?
While I’ve been certified as a family mediator since 2006, my background is not as an attorney but as a licensed therapist for 35 years. I hope that it gives me the ability to remember that no matter how amicable it might seem for the people I’m helping get through their divorce, that it indeed is probably one of the worst days of their lives. It represents a struggle to get through, as well as the fears that one might have relative to starting a new life and ending an old pattern of life. That’s a frightening situation for many, and is always kept in my mind during the mediation process. I think my background is helpful for keeping the needs and the specific positions of both parties clearly in mind and in focus.
What Are The Benefits Of Mediation?
Mediation is time and cost efficient. The total cost of a mediated settlement is generally less than the retainer for one attorney alone. It is non-adversarial and results in an amicable settlement, which is especially of value when there are children involved. Couples in mediation begin to learn to compromise despite their differences as adults, and learn to compromise as parents of the same children. That is invaluable to the children because the parents won’t be arguing about every single issue for years to come. Another benefit of mediation is that parties are able to be part of determining the details of their marital settlement agreement, as they are the ones who would know what is in their best interest. Another benefit is avoiding the frustrating delays of the court system, not to mention the expense of going through a litigated trial with two attorneys.
How Are Issues Pertaining To Children Generally Handled In A Mediation?
Research has shown that when people are involved in the decision making process, there’s a greater potential that they’ll comply with the agreement that was reached. The benefits of a settlement between a mother and father become immeasurable based on the fact that they are agreeing on what will work for their particular schedule, as well as what will be in the best interest for their children. They are the ones who know and love that child. If the parents are able to learn to get along and to compromise, they’ll be able to be in the same room together for hallmark events like graduations and marriages in the future. Divorce by mediation ends up with no losers, as both people contribute to the plan that they’re agreeing on.
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