After divorce papers are filed, spouses have to go through the divorce process to decide on issues and finalize the divorce. Mediation sessions can be a great way to resolve issues between spouses. For these sessions, both spouses have to attend and work together to reach conclusions. Spouses are able to bring their attorneys to these sessions if they wish. With their attorneys present, they may be able to keep their priorities straight. The attorneys can aid the mediator by guiding the conversation. The mediator is supposed to act as a neutral third party to ensure that the conversation between spouses is able to reach agreements.
What kind of divorce requires mediation?
When divorce papers are filed, they will be considered a contested or uncontested divorce. If there are fault grounds that blame one spouse, it may be considered a contested divorce. If the fault grounds claim a breakdown of marriage occurred where neither party is to blame, then the divorce can be uncontested. With an uncontested divorce, spouses can enter into mediation sessions. They can meet to decide on how the process will continue. In these sessions, they will speak about their marital issues and make decisions for them. This can include child support, child custody arrangements, alimony and the division of assets. During mediation, cooperation of both spouses is needed, which is why couples that are in a contested divorce will most likely not be able to resolve their issues in mediation.
Is mediation easier than litigation?
Since mediation allows spouses to make decisions for themselves, it can be easier than entering into litigation. Although mediation can be tough due to compromises that must be made, it can keep the spouses involved in the decision-making process. In litigation, spouses do not have control over how decisions are made. A judge is the one who makes decisions for the spouses. This can prove to give them undesirable outcomes for their marital issues. With undesirable outcomes, they may not be able to live happily with the resolutions. These outcomes can decide the fate of their relationship with their children based on custody arrangements. Mediation can take as long as the spouses wish. They have the ability to control the pace, but in court they do not have this ability.
If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.