When most people think of divorce, they to think of it in terms of the traditional adversarial divorce.
An adversarial divorce is a divorce in which one side or the other may feel wronged, or one in which one or both sides are unable or unwilling to reach an agreement without the involvement of a judge.
However, for many couples who have jointly decided to end their marriage on mutually agreeable terms, free of the drama of the traditional adversarial divorce process, mediation may be a much better option.
Under a mediation divorce, the couple and a neutral third party meet jointly to discuss the terms of the divorce and to find common ground that both sides can agree on when dissolving the marriage.
The mediator’s sole purpose to facilitate communication between the divorcing couple and to help guide them to a mutually agreement settlement.
One of the greatest appeals of mediation for many couples is that the process is very private, and the only parties normally involved in the process are the divorcing couple and the mediators.
Lawyers are not required for mediation, and are often not involved in a mediated divorce.
While many couples find this to be one of the greatest appeals of mediation, it is a major weakness of the mediation process.
Mediators are not required to be lawyers, and as such may not understand all the nuances of divorce and property law. The role of the mediator is to help the two sides reach an agreement, not to provide legal advice, and should not be relied on to do so.
Any divorce, even a mediated divorce, is a potential minefield of far-reaching legal and financial problems that can cause issues for the divorcing couple for years to come, and as such should not be undertaken with the advice of an experience divorce attorney.
Having an experienced divorce attorney advice you in a mediated divorce can help clarify and explain all aspects of any planned settlement.
Consulting attorneys also help ensure that both sides in the mediation fully understand what they are agreeing to and what the impact of their agreement will be. This will spare the couple future rancor and drama that may arise if one spouse later decides the agreement was not fair to them.
Mediation attorneys also understand that at its heart, the mediation process is a collaborative process between all involved, and will work to guarantee a fair resolution for the divorcing couple, rather than the ‘winner take all’ mentality needed in a traditional adversarial divorce
If you feel a mediated divorce is the best choice for you, contact us to see what our experienced legal team can do to make sure the process is handled correctly.