Divorce Mediation - Why Litigate When You Can Mediate?
Divorce Mediation Anyone?
Anyone considering divorce should know that divorce is costly in more ways than money. The average cost of a divorce in the U.S currently hovers between $15,000 to $20,000, depending on the part of the country you reside.
The stress, combativeness, emotional pain and aftereffects, and their lasting impact can never be measured in terms of dollars and cents. Yet, divorcees feel them well after the divorce decree has been signed, sealed and delivered.
There is a better way than the traditional knock’em down and drag’em out divorce war. It’s called divorce mediation. In this session, we’ll help you understand what this process is and why you and a divorcing spouse should consider it.
What is Divorce Mediation?
Simply put, divorce mediation is a sane and safe alternative to the typical costly divorce. Instead of jousting, the divorcing parties agree to work with a neutral third party mediator to negotiate issues concerning division of assets and debts, child custody and support, and spousal support.
In Divorce Mediation, Who Is The Third Party Mediator?
These specially trained mediators can range from family therapists, certified counselors, professional mediators, to matrimonial attorneys and family law specialists. Their areas of expertise not only include: matrimonial law, financial planning and taxes, mediators are able to help both parties make a smoother transition into parting ways.
How Does Divorce Mediation Work?
In a typical divorce, the system is designed for one spouse to win and the other to lose. In divorce mediation, a specially trained divorce mediator helps the divorcing spouses work together to reach a fair and mutually satisfactory settlement. It’s a win-win scenario for both parties.
The mediator is not an advocate for either party. In a non-combative environment, they examine issues important to both parties and helps them identify solutions.
Once a mutually acceptable agreement has reached, an attorney working with the mediator will draft documents, which then becomes a binding contract after both parties sign. Duly note: prior to signing, both parties can have the agreement reviewed by their own independent attorney. The agreement is then used as the basis for an uncontested divorce.
What Are The Advantages of Divorce Mediation?
There are numerous advantages to divorce mediation…
- Mediation promotes cooperation and communication
- It cost much less than the average divorce
- You’re in control your destiny as opposed to a judge, arbitrator, jury or divorce lawyers
- You avoid public disclosure of your financial and personal matters
- It takes less time than a typical divorce
- It greatly reduces conflict
Overall, divorce mediation is the way to go. It fosters a non-combative environment and makes an otherwise awfully traumatic event, more bearable.
How Long Does Divorce Mediation Normally Take?
Unlike the typical divorce court process, divorce mediation does not drag out indefinitely. The average length of time to reach an agreement is around six to fifteen hours, depending on the complexity of the divorce; although an agreement can be reached in as little as two hours.
What Much Does Divorce Mediation Cost?
Divorce mediation usually involves either a per-session charge or an hourly fee, or a combination of both. The costs will vary depending on the number of sessions needed to gather information and negotiate an agreement.
The hourly fee depends on which type of mediator you use, their education and experience, and the part of the country they live in. A divorce mediator in New York is going to be more expensive than one in Fremont, Wyoming. No matter what their pricing is, it will be way less costly than a typical divorce.