To understand why you should hire a divorce mediator, you need to understand what a mediator is trained to do. He or she will act as a go-between the parties in helping them to see the value of compromise. A mediator does not tell a party what decisions to make or take sides to which party is better or best. In no way will a mediator force a couple to agree to a marital settlement. Encourage is the keyword for the role the mediator plays during mediation. Encourage compromise, encourage consideration of each party’s point of view, encourage reasonable expectations, and encourage the realization no party will receive all he or she wants, whether the divorce is obtained through a marital agreement at mediation or in a courtroom by a judge.
So why would a couple want to hire a divorce mediator? Solving your divorce settlement issues in mediation is by far the best way to allow a couple to decide their fate, divide their assets and liabilities, handle alimony, and pay attorney fees. In addition, it is cheaper and faster than going to court. And, if minor children are involved, the couple can work out the parental timesharing, parenting plan, and child support.
In today’s legal system, Family courts are backed up, sometimes for months. Mediation, on the other hand, can usually be arranged within two weeks. Once the couple has agreed and signed with witnesses and notarization their marital agreement, a judge will review it and, if all is okay, will sign a final order. Thus, a divorce and take around six weeks instead of sometimes six months or longer.
The couple can decide for themselves how to divide their marital assets and liabilities equitability instead of having a judge do it for them. In other words, in mediation, the couple can be captain of the ship to their future. As mentioned above, no one usually gets all they want, but it is far more likely the couple will do better at dividing than a judge.
Another interesting feature of mediation is that the records or transcripts of mediation are not available to the public. Court records and transcripts of a divorce can be obtained by anyone interested. Sometimes this is important where very personal information is concerned.
One of the biggest advantages of a successful mediation is the savings in the overall cost of a divorce. Having a lawyer work with a client through the divorce conclusion when a marital agreement is reached costs far less than the time it takes to prepare and go to court. Such things as motions, discovery, depositions, letters, phone calls, court appearances, and legal research are expensive.
Unfortunately, many couples cannot agree to compromise, especially regarding equitable distribution of marital assets and liabilities. Often anger with the other party prevents an atmosphere of willingness to compromise. If you are going or planning a divorce, give serious thought to working things out through mediation. Talk with your divorce lawyer to gain their perspective on the pros and cons of mediation.