Mediation Is The First Step Towards Preventing Divorce
Why do we need mediation?
Separating or divorcing couples have the option of using mediation to work through their differences. Conventional dispute resolution methods began with adversarial court cases, where a judge or master made decisions on behalf of the divorcing or separating parties. In contrast, during mediation, both parties actively participate in determining what is in their own best interests and that of their children.
How many Distinct Forms of Mediation Are There?
Mediation can either be mandated by the court or agreed upon by both parties. Court-ordered mediation happens when the case has reached court, and is ruled by categorical rules of the court. Voluntary mediation is elected by the parties on their lonesome at some stage prior, during or after the case gets to court. The parties and their mediator are not restricted by any court rules when engaging in voluntary mediation.
In court-ordered mediation, the parties may only debate custody and visitation, unless they agree to debate other subjects. For example, a judge may only order two sessions, and then later order 2 more sessions if considered mandatory by the judge and mediator.
What are the benefits of Mediation?
Unlike in court, when parties mediate, everyone involved is concerned with the best interests of themselves and their children. The outcome of a case in court is decided by a judge or master based on the law and the evidence given by both sides. Judges can only do what the law allows, so it's not uncommon for both sides to be dissatisfied with the outcome. Mediation, as opposed to litigation, gives the parties more leeway to find a solution that works for everyone involved because they are not limited by the rules of the court.
Selecting a Confidant
A mediator is an impartial third party who has been educated in the art of conflict resolution. The court may choose to cover the cost of any mediation it orders, may order one party to pay the full cost of mediation, or may order the parties to split the cost equally.
The parties and the mediator can agree on an hourly rate or a fixed fee for the mediation process. Though there's a cost for mediation, it is possible the over all cost of the separation or divorce will be more cost effective if pursued through mediation than through litigation.
What kinds of Problems might be Addressed through Mediation?
The purpose of mediation is obtaining an acceptable agreement on the themes, which led the parties to mediation in the first place. Unless both parties agree, the mediator is only allowed to discuss custody and visitation in a court-ordered mediation. The parties may elect to negotiate the children' living agreements, the youngsters need to spend time with either parent or the parent's schedules. When parties enter into mediation on their own volition, anything that matters to them can be discussed. Issues like child support, alimony, and health and life insurance coverage may be brought up in a divorce settlement, along with issues like child custody and visitation. It is always an option for the parties to hire lawyers and take their dispute to court if mediation fails.
Can Everyone Benefit from Mediation?
Successful divorce and custody mediation requires both parties to come to the table with an open mind and a willingness to work together to find a fair resolution. Due to the low likelihood of successful mediation, courts may not mandate it in cases involving a credible threat of physical or sexual abuse against a party or the parties' children.
