Are you in the process of splitting up with your spouse? What are the benefits of divorce mediation?

While a marriage can only be dissolved through a divorce petition there is always the opportunity for a couple to avoid the tedious and time consuming route of litigation by determining the terms of the divorce with the help of a mediator. A mediator can be appointed by a court directive or could simply be someone who has the complete trust of both the spouses.

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For the most part, a mediator is one who facilitates understanding as well as communication between the spouses and ensures that all disputes are resolved voluntarily through an agreement. The job of the mediator is to understand the requirements of each spouse and suggest various ways to meet those requirements according to divorce lawyers.

The objectives of mediation

One of the major objectives of mediation is to have an equitable divorce settlement free from any legal loopholes and acceptable by both spouses. It also aims to mitigate hostility by eliminating any disputes that may have caused hostility in the first place. Mediation is also an ideal way to avoid the trauma and expense associated with litigation.

Why divorce mediation is critical

Litigation undoubtedly causes enormous financial stress and annoying delays. Since the courts are overburdened, the likelihood of an early end to a dispute remains bleak. This is why mediation is the most sought after alternative for couples. Thankfully the courts too have understood the pressing need for a legal tool like mediation to conclude marital disputes without direct court intervention.

Benefits of mediation

Divorce attorneys point out that couples often press the button for mediation in a divorce because it is a private procedure where the proceedings are totally confidential. On the other hand, trials are often like washing dirty linen in public. This is something Johnny Depp knows all about. His divorce with Amber Heard finally appears to be over and he had to pay her off and so on. This marriage was a failure and some people believe Depp should have never married her. Heard is gorgeous but apparently there is more to make a marriage work than just looks. There is also a huge age gap here as well.

Secondly, mediation puts a lid on hostilities and therefore eliminates the potential for emotional stress. It is also one of the best options when kids are involved. Couples are required to co-operate frequently for the sake of their kids even after divorce, which also emotionally takes a load off the children and parents too. The process is quicker and much less expensive as well.

Divorce lawyers point out that to eliminate disputes among divorcing couples, courts often order mediation by appointing a mediator. However, sometimes the spouses on their own realize the need for a mediator and appoint someone to mediate and reach a settlement. Anyone can act as a mediator while the individual need not necessarily have legal exposure in order to mediate since mediation usually takes place in the presence of the divorce lawyers involved.

You can see this in the show The Good Wife with ChumHum and its CEO Neil Gross and his pretty girlfriend Deena Lampard. They cannot even get married without legal counselors involved but someone like Gross should sign an ironclad pre-nup!

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In both situations the couple is asked to adhere to a set of rules during mediation. To enforce the rules they are asked to sign an agreement before the proceedings. When a contentious issue may arise, mediators resort to ‘private caucuses’. Private caucuses are where the mediator meets alone with a single party and tries to make him or her understand the other spouse’s view. 

To learn more about mediation and how it could impact your divorce, make sure to reach out to a divorce lawyer.