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Reason For A Divorce Mediation

Reason For A Divorce Mediation What is divorce mediation?

Divorce mediation is a form of alternate dispute resolution that involves the, soon to be, ex-spouses, their representatives, and a mediator.  The purpose of divorce mediation is to avoid in court litigation over divorce matters and attempt to resolve divorce matters quickly and amicably with the help of a neutral party, the mediator.

In mediation the objective is for the couple to meet and attempt to resolve their disagreements concerning divorce matters like the distribution of property and assets, child custody and support, taxes and alimony.  The mediator, for the most part, is an observer.  The divorce mediator will only step in when disagreements between the couple begin to develop. It is then his/her job to keep the lines of discussion open and assist the couple in making a decision that is, not only fair to the couple, but fair to the rest of the family, especially children, that may be involved.

Why would I want divorce mediation?

First of all, divorce mediation, in comparison to trial, is inexpensive.  Divorce mediation, on average, will cost between $3,000 and $4,000 for a three to five day session.  This cost is split between the divorcing parties and usually includes all fees such as cost of mediator, preparation, disclosure documents and other fees. 

Another reason to choose divorce mediation is that it is much less time consuming.  The typical divorce mediation will last three to four sessions, usually lasting no more than two hours.  These sessions are spread out over a period of time, usually not exceeding two months.  In more complex situations, and situations where the couple refuse to take advantage of the mediation process the divorce mediation can take longer.  If a couple cannot come to an amicable agreement then a mediator may recommend that divorce litigation in a court of law would be necessary.

Yet another reason for choosing divorce mediation is the emotional toll that divorce litigation in the courts takes on a couple.  The idea behind divorce mediation is to come to an amicable agreement that both parties can be satisfied with.  The mediator is essentially there to insure the civility of the matter, rationalize with the parties and keep emotions at bay.  A divorce is a very stressful matter and more often than not the parties will have resentment towards each other.  Once emotions get involved in a matter such as this it can lead to a stagnant situation where no part will give in and the party's only objective is to hurt the other.  This is something that is rampant in divorce litigation.  In the court system a divorce proceeding will, not only be public, but often gets vicious, with dirty laundry being aired.  This can be emotionally scarring, especially when there are children involved.

Are agreements reached in divorce mediation enforceable?

Once an agreement is reached and a contract signed between the parties the decision is enforceable.  The judgment agreed to is prepared and filed in the court system.  Once filed the documents are considered just another form of a divorce judgment and are strictly enforceable. 

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