Navigating the facets of a divorce can be emotionally and mentally challenging. The process can be anywhere from cooperative and efficient to tumultuous and drawn out, depending on the circumstances of the case and the attitudes and decisions of the parties.
Most people assume that a divorce will inevitably be acrimonious; it can be, depending on how you and/or your spouse choose to manage it.
If you are getting a divorce or have been contemplating getting a divorce, you have options that can make it a more efficient and less tumultuous process, such as mediation, if both parties agree to it, or the court orders it, which is quite common.
Understanding Mediation
A mediator is a qualified individual (usually an attorney) who is a neutral third party whose job it is to assist the parties to a potential settlement of some or all of their issues. Often, they function as a sort of diplomat, shuttling offers and information between the parties. If an agreement is reached, the terms are put in writing, everyone signs it, and the judge will sign an order requiring the parties to abide by the terms. This way, the judge can enforce the agreement, if necessary.
Divorce mediation can help divorcing couples settle contested issues, encourage communication, and much more.
3 Benefits of Mediation in a Divorce
If you are going through or contemplating a divorce, you will want to consider mediation as your first choice because of its many potential benefits. The following are three substantial benefits as to why you should consider mediation before trying to battle your divorce in court.
#1: Your Children Are Prioritized
If you have children together, mediation is exponentially more effective and beneficial for your children. Unlike in court, where the judge will decide a child’s living situation, a mediator will take your children’s needs into account and work with all parties to evaluate what would be in the child’s best interest.
#2: Mediation Does Not Affect Any Later Court Hearings on Issues You Don’t Agree To
Other than in very exceptional circumstances, what is said in mediation is private. A party is prohibited from saying things such as, “they offered X at mediation, so make them give it now.” For any issue that goes to court, you are free to argue for whatever outcome you want, and what was said in mediation is not allowed to be discussed.
#3: Enhanced Communication
Mediation works to foster open and effective communication between the divorcing spouses. This, in turn, means that you and your soon-to-be ex-spouse get to make the decisions rather than the judge, who will never know your case as well as you do.
Communication is facilitated by the mediator, who works with both parties to help them come to a fair agreement that makes sense for all parties involved. Ultimately, mediation can allow for successful communication and negotiation of your unique issues.
Successfully Mediate Your Divorce
Having an objective, unbiased third party to mediate your divorce provides many benefits and can result in an outcome that both sides can better live with and will likely be far less expensive than going to court. The right attorney can help you through the mediation process and provide you with the confidence you need to gain the best and fairest outcome possible.
At Apfelbaum Law, we provide you with objective support and legal counsel to ensure your rights are upheld as you navigate this next chapter of your life. Contact us today to learn how we can help you through your divorce and the mediation process.
