Mediation is a method of negotiation which some couples choose to utilize when they are getting divorced. In divorce mediation, the couple and often their attorneys, meet with a third party called a mediator to discuss the details of ending the marriage. A mediator is not necessarily an attorney, nor will he or she give legal advice. The purpose of a mediator is to be a neutral third party who facilitates conversation and cooperation between the couples.
Advantages of Mediation
Mediation has proved to be helpful to many couples going through a divorce. It is typically faster and less expensive to work out issues using a mediator than to work those issues out in court. Although, not every divorcing couple who uses a mediator to help them resolve their disputes avoids court. One of the biggest advantages to using a mediator is that both of the spouse’s needs and wants are considered. Both people will have input on the agreement and feel like their voices are heard.
Mediation is often a less intimidating way to resolve issues than others. The casual nature of mediation is reassuring to many couple, and makes them feel more comfortable in sharing their ideas for resolving disputes related to property, parenting time, support/maintenance payments and more. The best part about mediation is that the agreements the spouses come to are designed by them, so they are generally much happier with the outcome of their divorce than those who must follow court-ordered plans.
Mediation is Not the Best Plan for Everyone
Although mediation can help couples work together to find a way to amicably end their marriage, there are some couples who may not benefit from mediation. For example, if either spouse has a history of lying or cannot be trusted to act in good faith, mediation may not work. Mediation is also not appropriate for spouses who have been a victim or perpetrator of abuse or domestic violence. If there is a large disparity of wealth or power within the couple or if the couple cannot communicate without intense agreements, mediation may not be the best plan. Lastly, if one of the spouses suspects that their partner is hiding assets or otherwise being untruthful regarding income or property, that spouse may need court intervention in order to compel their partner to disclose this information.
Call Us for Help
If you are planning to get divorced or have already started the separation process, the dedicated Wheaton family law attorneys at the Andrew Cores Family Law Group are ready to help. To set up a free, confidential consultation regarding your case, call 630-871-1002 today.