Wednesday, June 8, 2016

My divorce has reached a roadblock; should I choose divorce mediation or go to court?

For the most part, divorce mediation is one of the viable alternatives to resolving disputes between partners who decide to terminate their marriage without the hassles of court litigation.

Things may start out good but Green Bay, WI divorce lawyers could be in the picture soon, sadly.
The process involves a mediator or neutral third party who simply attempts to set the spouses involved on course to making a decision on several sensitive issues such as alimony, child custody, and support, and division of assets, according to say Green Bay, WI divorce lawyers. Both sides can have their legal pros present during mediation.

Introduction

This stage is the foundation on which the mediation will progress. In this stage you provide the mediator information on contentious issues between you and your partner. The mediator will explain how the mediation will take shape and in what manner those issues would be handled. The mediator will also inform you of the rules that will be applied during the process.

Information Gathering

This stage lasts for two or more sessions. The mediator will explain the legal rules applied while settling division of property and debts, child custody, alimony and financial instruments like bank accounts, taxes, insurance, and other related issues. You must provide the mediator with copies of all your financial documents such as tax returns, insurance policies and bonds, to name a few.


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Framing Stage

According to Wisconsin divorce attorneys in this stage the mediator will want to know about each spouse’s goals, concerns, and priorities. Most importantly, the mediator will attempt to determine why the spouses want to settle certain issues in a particular manner. He or she try to identify your ‘needs and interests’ as well as that of any children involved so that a solution can be found without either spouse or the children having to compromise much.

These sessions are held separately with each spouse but there are some mediators who believe in joints sessions with all the parties present including their lawyers.

There was an aspect of The Sopranos that revolved around meetings. Tony Soprano (James Gandolfini) used to meet with Dr. Jennifer Melfi (Lorraine Bracco) regularly and Dr. Melfi was in every episode. Now hopefully your divorce meetings will prove more fruitful than the meetings Tony Soprano had with Dr. Melfi since these meetings really meant nothing. First off, Dr. Melfi did not have a religious or moral foundation, she preferred her own flawed ideology. On top of this, since Tony could not admit to anyone he was even attending these meetings, he could not apply some of the quality aspects of what she was trying to teach him to his life.


The main issue though was Tony was going to do what he had to do no matter what so what was the point? Many people believe this aspect of the show was overdrawn and could have been cut down.
Now with your divorce meetings, most likely serious progress will be made. You have the incentive to make it so.

Negotiating

Once the issues in the divorce as well the interests are laid out, the negotiation process begins. Here the mediator will provide each spouse with several options to solve their problems and following this they must discuss and decide which option serves both their interests best, say divorce lawyers from Green Bay, WI.  


Conclusion

In this final stage the mediator will draft a memorandum which is a sort of tentative agreement covering all the points that were agreed upon. This agreement is circulated among the parties to determine if everything is in order. Following this, both spouses sign the memorandum. The final settlement will be a replica of this memorandum which is filed in court as an uncontested divorce settlement.

If you wish to iron out issues that could hamper your divorce, it would be prudent to seek help from a divorce lawyer in Wisconsin. There are many challenging issues when it comes to divorce and family law, and a legal pro is the right person to represent you during this tribulation. 

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