Divorce mediation is a way for a couple to settle their divorce without having to go to court for a long time. Mediation uses conflict resolution to achieve an amicable divorce rather than pitting opposing parties against one another in a battle for children and marital assets.Fort Lauderdale Family Law Mediation
Why think about mediation?
Divorce is a costly and time-consuming process. Divorcing couples will have to deal with letting out their dirty laundry, enduring emotional anguish, paying for the costs of the courts and legal representation, and dividing their assets with their spouse. Mediation can lessen, if not eliminate, much of the unnecessary drama of getting a divorce.
What is the mediation process like?
The divorce mediator is a neutral third party who will sit down with both spouses during divorce mediation. A divorce mediator is someone who has received specialized training to address the concerns of divorcing couples. The mediator will allow each party to speak and talk about the things that are important to them. This will help the couples figure out what they really want and whether or not divorce is the best option. Both parties receive no advice from the mediator, and all information is kept private.
The couple will learn about the legal system from the divorce mediator, who, if they are an attorney, can also draft and file court papers. Your mediator's decision in mediation is not legally binding, unlike in arbitration. Instead, couples are in complete charge of making decisions and are free to leave mediation at any time. However, in some states, couples with children can use court-ordered divorce mediation to help negotiate child custody and visitation issues.
How to Choose a Mediator for a Divorce
The mediator should be able to provide references from attorneys, fellow mediators, and other well-known professionals in addition to having received training from a reputable source. A mediator with a lot of experience knows more than someone who just started; There are mediators who are also family lawyers. When selecting a mediator, consider the cost as well—most charge a fee for each one-to-two-hour session.
How will the division of common assets occur?
A settlement agreement that outlines the division of a couple's assets and finances can be drafted by a divorce mediator. The mediator will assist each party in determining what they own and what they owe in the form of taxes and other debts to accomplish this. Budgeting and other financial planning tools can be used to better understand how the divorce will affect finances. Depending on how much each spouse contributed to the marriage in terms of income and property, divorce mediation may also look at how the judge is likely to divide assets. Additionally, decisions may be made regarding child support, alimony, child custody, and the distribution of parenting responsibilities.
Is Legal Aid Still Required?
Mediation is not an alternative to seeking legal counsel. During a divorce, mediators should not discourage hiring or consulting an attorney. In fact, many clients are encouraged to bring their lawyers to divorce mediation. A lawyer can help you prepare for negotiations with the spouse and make sure that the agreement or settlement is in their best interests.
