If you are getting a divorce it is important to understand your rights and explore all of your options. While many couples end up in court, mediation is a viable option for spouses looking to terminate their marriage. Continue reading and work with a Memphis, Tennesse divorce mediation lawyer to learn more about what you can expect from the process.
What is Mediation?
Mediation is an alternative dispute resolution (ADR) technique used to resolve conflicts between parties without having to go to court. In recent years mediation has risen in popularity among divorcing couples as it allows them to maintain control over the outcome of their divorce as well as save time and money.
What Can I Expect from Divorce Mediation?
It is always best to be prepared before going into a situation. When you are attending a mediation session for your divorce, you can expect to meet with the mediator, your spouse, and both of your legal representatives if you have them. The mediator is a neutral person with no stake in the outcome of the divorce.
Both parties will have the opportunity to present their side including their desires for the outcome of the divorce, concerns regarding various issues, and position on all relevant topics. You can expect to be open and honest with your financial information and discovery.
After all relevant information has been shared the negotiations will begin. This can be a challenging process but know that your mediator will be there to guide you through each conversation and steer the discussion in a productive manner.
Once all relevant topics have been settled, the mediator will draft an agreement for each party to review and sign. It will then be submitted to the court for approval and entered into your divorce decree.
What Are the Advantages and Disadvantages of Mediation in a Divorce?
Divorce mediation, while used by many, may not be the right fit for every couple. Consider the pros and cons of mediation before deciding to implement it in your divorce.
Advantages:
- It saves money that would be spent on attorney and court fees
- It saves the time of waiting for a court date to become available and avoids delays of court procedures
- It allows for more unique and flexible solutions that are better suited to each individual’s needs
- The couple maintains full control over the outcome of all relevant topics
Disadvantages:
- If the spouses have an extremely volatile or hostile relationship it can be difficult to negotiate and communicate effectively
- Couples may end up in court anyway if they cannot reach an agreement on their own, so it may be delaying the inevitable
- Couples may not realize that mediation is unnecessary. If the pair is amicable enough to negotiate and agree on their own, they could have potentially met without the mediator and saved time and money
Speak with an attorney to learn whether mediation is right for you.
