Mediation
Under the mediation option, both parties agree to work together with one attorney. The attorney acts as a mediator, looking out for mutual interests to create a fair and beneficial dissolution. Mediation is commonly used when many divorce matters are already agreed upon. In mediation, both the wife and husband can meet together in conference with the attorney. As a mediator, the attorney does not act as a personal advocate for either party; instead, the attorney attempts to help the couple by:
- Keeping the parties informed of legal provisions and requirements.
- Giving guidance and assisting each person in better understanding the process.
- Ensuring that all pertinent and important issues are discussed and resolved.
- Keeping the couple focused on the process, informed of all progress, and aware of what to expect.
- Coaching the couple to communicate and listen more effectively.
- Helping the couple abide by the established rules for their mediation.
- Correcting misconceptions about the law (rights and responsibilities).
- Clarifying misunderstandings and helping to interpret or rephrase the needs of each person.
- Monitoring interactions for fairness.
- Explaining the settlement options.
- Maintaining an atmosphere of fairness and mutual respect while minimizing misunderstandings that may lead to future problems.
- Answering any questions the couple may have.
Mediation can save the couple a significant amount of expenses through voluntarily exchanging important information and jointly retaining experts if necessary, such as accountants and appraisers. Further reduced legal fees can come through reducing expensive trial preparation and court appearances.
Mediation can be a successful and beneficial tool for couples who might otherwise experience high conflict during this stressful time. Couples may be more comfortable discussing their thoughts and needs in private with a skilled mediator rather than in court. Most importantly, because agreements are voluntarily reached through mediation, both parties are more likely to abide by and honor the agreement.
The primary disadvantage with mediation depends on the personalities involved. If your spouse intimidates you, it may be difficult to stand up for yourself in mediation.
Moschetti Family Law can help you through this difficult time. Through mediation, we have helped many couples reach their own decisions on what is a fair and equitable resolution. Call us at
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