What Is Divorce Mediation?
“Divorce mediation” can mean different things to different people. However, usually in a mediated divorce you use a professional mediator who does not act as your legal representative. In divorce mediation, you and your spouse are your own official legal representatives. However, the divorce paperwork is done by the divorce mediator and they walk you through the whole process. This is why it’s a good idea to use a divorce mediator who is also an attorney.
What Does a Divorce Mediator Do?
A divorce mediator discusses with you agreements on certain issues that you may have reached and whether your agreement is fair and appropriate given your particular set of facts. Further, a divorce mediator assists you to reach agreements in areas that you may not realize should be dealt with such as taxes, insurance, and retirement benefits. Lastly, a divorce mediator will assist you to reach agreement in those areas you may disagree on such as alimony or child support.
How Is a Mediated Divorce Different Than a Litigated Divorce?
The presumption in a mediated divorce is that the parties fully trust each other. Emotions are controlled. If neither of the above facts are true, divorce mediation is probably not the best divorce option for that particular couple. In a mediated divorce there is a presumption that both parties accept the fact that the marriage is over and they want to move forward and get closure expeditiously. Usually, there is only one court appearance in a mediated divorce.
On the surface, mediation is an attractive way to terminate a marriage. However, divorce mediation works only when there is complete honesty. You should first discuss with your spouse whether divorce mediation is an appropriate divorce option for you and then pursue it with a divorce mediation attorney. In a mediated divorce, both parties have to be committed to the mediation process to make it work. Thus, divorce mediation is not for everyone.
My name is Jim Katz and I have been practicing family law for over 30 years. I am confident that my skills and background allow me to mediate your divorce. I invite you to call our law firm today at (860) 871-9449 for a free consultation to learn how I can help mediate your divorce.