Friday, January 15, 2016

What is divorce mediation and its benefits?

A marriage cannot be dissolved without filing a petition for divorce. But this does not mean that spouses will have to subject themselves through painful litigation involving Seattle, WA divorce lawyers for months and months in order to determine the terms of the divorce. The terms of a divorce can be amicably decided between the spouses in the presence of a court appointed representative who will act as a mediator.

The task of the mediator is to facilitate both understanding and communication so that any dispute between the divorcing couple is solved through voluntary agreement. A mediator will do his or her best to understand the demands and requirements of each party and device ways to solve any disputes and contentious disputes that are often common in a divorce. In short, a mediator is the best alternative to help the spouses reach an agreement voluntarily.

Mediation can be sought voluntarily by the spouses involved or can be court ordered. Either way, Seattle, WA divorce lawyers will be involved.

The Objectives of Mediation
  • Assist in the formulation of a divorce settlement which is not only equitable and legally sound but also one that is mutually accepted.
  • Mediators also attempt to minimize hostility between parties by solving outstanding issues in a way that will not cause a post dissolution controversy. Mediators want to earn their keep is another way to say it.
  • The aim of mediation is to avoid the trauma and expense that is usually tagged with litigation.
Why does a couple seek divorce mediation?

Most couples agree that litigation is not only costly but also hugely time-consuming. This is because the courts are perpetually overburdened with cases and therefore constant delays in the hearing are a regular occurrence. In addition, courts too have realized the importance of devising certain methods of solving marital disputes outside the court, which is why Northwest Washington State divorce attorneys say that mediation emerged as an important tool.


Mediation is mandatory in disputes involving child custody. Reconciliatory services provided by the court include conciliation services, conflict intervention, providing education seminars for divorcees and offering community dispute resolution centers along with settlement and mediation conferences.

Advantages of Mediation
  • Mediation is a very private procedure where the confidentiality of both spouses is well protected. On the other hand, trials are public and this is why often couples prefer mediation over litigation.
  • Most importantly mediations help mitigate hostilities between couples and thereby inhibit stressful situations that take a heavy emotional toll.
  • Mediation is one of the ideal alternatives for couples with kids as they will have to cooperate frequently for the well-being of their children even after the dissolution of marriage.
  • It is a cost effective and time saving alternative in comparison to litigation which can be lengthy and expensive.
Mediation Process

There are two types of mediation. The parties can choose a court ordered mediation where the court appoints a mediator. In the second scenario, the parties voluntarily sign an agreement between themselves to have a mediator. Seattle, WA divorce lawyers say that either a lawyer or anyone else can serve as a mediator. However, the legal professionals of both parties are usually present in these meetings.

There are certain rules of mediation that both parties will have to adhere to and an agreement is signed at the start to this effect. Often mediators take recourse of ‘private caucuses’ if a spouse becomes too sensitive towards an issue. In a private caucus the mediator meets with one spouse at a time and tries to explain the position of other spouse and his or her offers and demands. This is painstaking and can be tedious but sometimes it is necessary. 

Being in a divorce is not fun. You do not need anyone to tell you that. But it can get worse and the repercussions of this divorce can last much longer and dig much deeper if you come out of it the wrong way. You need legal help. Your spouse is not going to tell you about this website but we are, it is http://divorce.usattorneys.com/washington/. You need to be on the right legal avenue during this process and having a solid and reliable Seattle, WA divorce lawyer can help put you in the best position possible.  

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