Mediation is a way for spouses to resolve issues when deciding to get a divorce. For these couples, they are trying to avoid the courtroom and litigation proceedings. Through mediation, couples can meet with a neutral third party known as a mediator. The mediator is there to help conversation focus on being constructive and reaching a resolution for certain marital issues. For these meetings, both spouses are able to bring their attorneys in addition to this mediator. All parties should be willing to cooperate.
What does the process include?
During these meetings with a mediator, spouses are supposed to decide on certain factors as they move forward with their divorce and what comes after. These factors can include the division of assets, spousal support, child support and child custody. These are all the same factors that are considered during litigation when a judge decides on these matters.
Before mediation, each party should gather financial documents so that they can be discussed during the meetings. Spouses should address issues with their attorneys to prepare to reach a resolution on them during mediation with one another. A Settlement Agreement will be made in the end to outline all the topics that were discussed and the outcomes decided upon. Upon completion of mediation, the outcome will still result in the formal divorce of the couple.
What are the benefits of going through a mediated divorce?
Through mediated divorces, spouses are able to maintain a level of respect for one another by avoiding any drama that may result from litigation. If children are involved in the marriage, it may be easier for couples to undergo mediation since it can prevent the children from witnessing arguments between their parents, which can provide a good example for children. They can see that their parents are acting respectfully toward one another and are trying to reach a resolution together. This will also help with the child custody arrangements post-divorce.
Mediation allows for privacy during divorce since couples will not have to enter into the courtroom setting with a judge deciding on their case. Since a judge will not be making decisions on factors involved in their divorce, the spouses will have more control over final resolutions that are made. This may provide them with a more satisfied feeling regarding child custody, support or alimony. During mediation, couples can take as much time as they need. It is done at their own pace. Since litigation can be time-consuming, it may cause it to be more costly due to attorney fees. With mediation, spouses have the opportunity to save money and time.
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.