The Basics Of Divorce Mediation
Divorce mediation is a form of divorce which entails negotiations between the two people who are divorcing. Mediation is different from court hearings. Instead, mediations offer to couples the opportunity to negotiate themselves. This allows them to have an active role in determining issues such as custody, property division, and spousal support. The mediator does not come up with the solution; they only facilitate discussions between the two parties involved in order for them to come up with their own agreement.
The term “mediation” comes from the Latin words “meditatio” which means “reflection” or “thinking.” The goal of the mediation process during divorce is for both parties to come up with decisions without feeling like they cannot back out of the agreement that they have made. If couples are able to back out, this could result in them resenting each other later on down the road. Mediation is also beneficial for children because it gives them a chance to see both parents come together and make decisions about their future without feeling like their needs are being disregarded.
Learn more about the basics of divorce mediation in today’s article.
The Plus Side Of Considering The Divorce Mediation Process
The main advantage of having a divorce mediation process is that it allows couples to come up with decisions for themselves and avoid the pressure that comes from a court hearing. It also helps avoid the resentment that could come from the couple feeling like one party always has to back down. The other benefits include giving children more input on what they want and allowing them to see both of their parents actively taking an interest in their lives.
In a mediation, a neutral party acts as a mediator between two people in divorce. The mediator is not the judge or anyone involved with the case. They are just someone who has been trained to help people resolve disputes in a non-adversarial manner. Mediators of divorce cases have received special training in how to facilitate discussions between parties involved in mediation. The mediator listens to the issues and assists both parties in coming up with a mutually acceptable resolution. This person does not take sides or give their opinion. They do not make any decisions for either party involved or force anyone into accepting resolutions that they are unwilling to accept.
Even though the mediator has no authority to make decisions, they can be helpful in giving the couple insight and guidance into what strategies might work and which ones will not. This helps keep the communication lines open between the parties involved and lets them know that someone is willing to listen to their side of things. The mediator also has no influence over the outcome of the case so they do not gain financially from the case. Many states offer mediation services for free to those who qualify, but some areas charge a small fee.
Mediation can also be used to help couples who want to come up with an agreement without having their divorce decided by a judge. If you are hoping to save both time and money, mediation is usually cheaper than taking your case before a judge. This is because the mediator has no authority to make decisions. You must be very clear on what you are willing to agree to, so you should have all your issues organized beforehand. If the basics of divorce mediation do not work, it may still be possible for litigants to negotiate directly with each other without having one party referred back to court.
Types Of Discussions Being Raised During This Kind Of Mediation Process
One of the discussions that occur during a divorce mediation is a discussion about a settlement. A discussion about a settlement can come from each party after it has been requested by the mediator. The parties are able to request their own settlement as long as it is reasonable. Both parties will discuss any differences in what they want and decide on the terms of the settlement. Another common discussion that occurs during a divorce mediation is an agreement about child custody. An agreement about child custody can be accomplished by going through all of the factors involved and determining which parent will have custody over the children for what periods of time. Once the agreement is made both parents will sign an agreement or a stipulated order.
In addition, the topic about child support will also be tackled by divorcing couples. In most cases of divorce, child support is paid by one parent to the other parent for the care of their child(ren). The parent who pays child support will be provided with proof of how their child support is being spent by the parent who receives it. The parent receiving the child support will have an obligation to report any changes in their income or financial status, which could result in a change of child support. They are also allowed to report any special needs that their children might have. Any instance where either party fails to disclose information about child support or fails to report changes in their income could result in a modification of child support.
The last discussion that occurs during a divorce mediation is the division of property and debts. In most cases each party wishes to keep what they consider theirs, however, if they can work together to divide up all of their property and/or debt then they can avoid having to go to court for this part of the process. The mediator will help both parties with dividing up property and debts if they are unable to do so on their own. Any type of property or debt acquired during the marriage by either party is subject to being divided equally during a divorce mediation.
Final Thoughts
No matter what your dream is for your future, there are many aspects that need to be addressed before you can move on with the rest of your life. If you are in a marriage that is ending in divorce, then divorce mediation is an option for you to consider when making decisions about the future.
It is important to note that divorce mediation can take place at any time during the process of ending a marriage, even after the filing and service of a petition for divorce (or other action). It is advisable to engage in divorce mediation as early as possible. The earlier you engage in it, the more likely you will be able to come to agreeable terms that are in the best interests of both parties.
If you’re looking for a trusted divorce attorney in Woodland Hills, CA, you can contact the Law Offices of Leon F. Bennett today.