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.
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.
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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