Many people are under the misconception that when seeking a divorce or dealing with another family-related matter, litigation is the only answer. Fortunately, this is not the case. Mediation is a common form of ADR (alternative dispute resolution) which is recognized for its ability to guide two disputing parties towards reaching a mutually agreeable decision.
Mediation allows two disputing parties to meet with a third-party mediator who is neutral and unbiased. The two parties can then discuss the terms of their divorce, such as which party will keep the house or a proposed custody schedule. After the entire divorce agreement (or separation agreement) has been negotiated and agreed upon, a proposal is drawn up and submitted to the judge.
Mediation is much less contentious than litigation, which is an excellent benefit if you and your spouse wish to remain amicable or if you share children. At the Law Office of Polly Tatum, our Worcester family law mediation attorneys can help you deal with your complicated family law issue without going to court. Call us at (774) 366-3711 to speak with our divorce mediator today.
How Can Divorce Mediation Help?
When two people decide to end their marriage, they face several difficult decisions. One of the most important decisions is how to divide their property and assets. Another is how to care for any children they have together.
Divorce mediation is a process in which a neutral third party (the mediator) helps couples communicate and reach agreements on the terms of their divorce. The mediator does not make decisions for the couple but rather helps them reach their own decisions through open communication and discussion.
Divorce mediation can help couples reach agreements on a wide variety of issues, including property division, child custody and visitation, child support, alimony, and more. Mediation can also help couples who have already been through the divorce process but are having difficulty reaching an agreement on certain issues.
There are many benefits to using mediation to sort out family law issues, such as:
- It is less expensive than litigation
- It allows you to maintain your working relationship
- It is easier for your children
Perhaps most importantly, mediation does not involve a judge; instead, you and your spouse or ex-spouse will be able to make decisions about the future of your family that is best suited to your unique situation and family dynamic without a legally binding authority present.
While the length of mediation can depend solely on how quickly the couples come to a common ground, each session generally lasts between two to three hours. While some cases resolve in as little as one session, you may need additional sessions to cover every aspect of the divorce.
What Can I Expect At A Mediation Hearing?
If you are scheduled for a mediation session, here are some things that you can do to prepare:
- Be on time- this sets the tone for the entire mediation and shows that you are taking the process seriously.
- Dress appropriately- you want to show respect for the process, so avoid clothing that is too casual.
- Be prepared to listen- one of the most important aspects of mediation is being able to hear the other person out without interruption.
- Think about what you want to achieve- what are your goals for the mediation? Are you hoping to come to a resolution on all issues or just certain ones? Having a clear idea of what you want to achieve can help you during the mediation.
If you are scheduled for a mediation session, here are some things that you can do to prepare:
- Be on time: This sets the tone for the entire mediation and shows that you are taking the process seriously.
- Dress appropriately: You want to show respect for the process, so avoid clothing that is too casual.
- Be prepared to listen: One of the most important aspects of mediation is being able to hear the other person out without interruption.
- Think about what you want to achieve: What are your goals for the mediation? Are you hoping to come to a resolution on all issues or just certain ones? Having a clear idea of what you want to achieve can help you during the mediation.
What Are The Stages Of Mediation?
In general, there are five critical steps to a mediation session:
- Convening The Mediation: This is where each side comes to the conclusion that mediation is necessary to come to a common ground in their divorce.
- Opening Session: This is where both sides give their opening statements, as well as the mediator explains what he or she will serve.
- Communication: A significant reason why couples end up in mediation is that they haven’t communicated with each other properly. When sensitive issues of divorce are brought up, there are a lot of one-sided arguments with rarely a conclusion unless a mediator steps in.
- Negotiation: This stage tries to find common ground between the terms of the divorce and can help expedite certain issues each of them is facing.
- Closure: This involves closing statements, with each party coming to a resolution or setting up another session to continue to try and resolve things.
How Can A Divorce Lawyer Help Me?
If you are going through a divorce or are considering one, you may be wondering how a divorce lawyer can help you. A divorce lawyer can help you if you are facing divorce litigation and running into issues such as child custody, visitation, or support. No matter what your situation is, a divorce attorney can provide guidance and support so that you can make the best decisions for yourself and your family.
Trust our experienced family law attorneys. At the Law Office Of Polly Tatum, we seek to provide couples seeking a divorce or going through other family issues with a process that gives them the opportunity to work together. During mediation, our Worcester family law mediation attorney can help you work together to reach an agreeable resolution. Regardless of your circumstances or the issue at hand, you can rely on us to guide you and help you consider both parties’ perspectives. Give us a call at (774) 366-3711 and find out just how much we can help.