It is becoming more common for divorcing spouses to handle the process through alternative dispute resolution (ADR), like collaborative divorce, arbitration, or divorce mediation. Very few divorces are handled in a sensationalized court battle. Mediation is one of the simplest of these solutions. A divorce mediation attorney is a great choice for your divorce’s mediator, as they can help couples better protect their rights.
If you are considering divorce mediation for your divorce, it is helpful to know what to expect. Divorce mediation is not the right option for every divorce, but it helps many families resolve their divorce as quickly and painlessly as it can be.
What Is Divorce Mediation?
Divorce mediation is a form of ADR where spouses meet privately with the support and guidance of a neutral third-party mediator. The process is completely voluntary, and it allows spouses to make their own choices about the important aspects of their divorce. This includes the division of their marital property and the awarding of spousal support. If the couple has children, divorce mediation addresses child custody, visitation, a parenting plan, and child support.
Mediation could potentially help couples in both uncontested and contested divorces. The process is meant to allow parties to negotiate the areas where they disagree and find a compromise. Because spouses are working together and, ideally, being amicable, the process is much less stressful and allows collaboration between parties.
What Is a Mediator?
The mediator may be a mediation attorney, divorce counselor, or other professional divorce mediator. The mediator does not have any say in the outcome of divorce mediation, and they cannot force a solution like a judge can. Instead, the mediator can help guide negotiations, keeping spouses on track and addressing important information. The mediator can propose possible solutions to disagreements while remaining impartial, thus helping couples reach a final agreement.
How Is Mediation Different From Litigation?
Divorce mediation typically only requires couples to appear in court to submit their separation agreement, and it requires no court appearances about their divorce besides that. In divorce litigation, there are often multiple hearings where each spouse states their wishes for divorce orders. The judge will consider all this information and make their final judgment using their own discretion. Spouses do not have control over the final outcome.
Litigation tends to put spouses at odds by creating a combative scenario with little interaction between spouses.
How Do I Know If Divorce Mediation Is Right for My Family?
Not every divorce can be solved through mediation. Litigation may be needed in certain scenarios, such as if one or both spouses are uncooperative or deliberately dragging out the process. Litigation may also be needed to protect the rights and safety of a spouse and their children if the other spouse is dangerous or abusive.
There are many divorces where spouses can negotiate and part amicably, remaining effective co-parents and moving on with their separate lives. Divorce mediation may be the route needed to secure this future. Some things to consider when deciding if mediation is right for your family include:
- Cooperation. The divorce mediation process will only work if spouses are able and willing to work together to find a cooperative solution.
- Amicable communication. If you and your spouse cannot talk without arguing, the mediation process may not be helpful. Being able to openly and effectively communicate is important in mediation.
- Financial abilities. Divorce mediation, when it works, is one of the cheapest options for a divorce. Unlike collaborative divorce, divorce mediation only needs one professional or attorney, rather than both spouses having their own legal representation actively present during negotiations. Saving money should not be the sole reason for choosing divorce mediation, but it can help couples choose from their options.
- Simple divorce. Divorces with complex assets or lengthy parenting plan discussions may not be the right fit for the divorce mediation process. These can often be better solved with stronger legal protections.
FAQs
Q: What Are the Disadvantages of Divorce Mediation?
A: One of the primary disadvantages of divorce mediation is that if couples cannot reach a final agreement, the time and money put into divorce mediation are wasted. Couples may need to go to court anyway or find another method of alternative dispute resolution that meets their needs. A mediator cannot force parties to make an agreement. If one spouse is purposefully dragging out the process, or the spouses simply cannot find a compromise, the divorce mediation process will be unsuccessful.
Q: How Does Divorce Mediation Work in Nebraska?
A: Divorce mediation in Nebraska allows divorcing couples to negotiate the terms of their separation agreement with the help of a trained mediator. The mediator acts as a neutral party, helping parties communicate more clearly and find creative solutions and compromises to issues.
Spouses can create a separation agreement that determines spousal support, child support, child custody, and the division of their marital assets. Most couples only have to go to court once to get their separation agreement approved by the court.
Q: What Is a Wife Entitled to in a Divorce in Oklahoma?
A: Both spouses are entitled to an equitable portion of marital assets, the right to visitation and to request custody of their children, and the right to request spousal support. Oklahoma is an equitable distribution state for property division. If couples have their divorce handled through court, the judge will make the final decision. However, couples can go through divorce mediation or other methods, giving them more control over these aspects and what each party receives in the separation.
Q: How Much Does Mediation Cost for Divorce in Indiana?
A: The costs of divorce mediation in Indiana rely on many factors, including:
- If spouses already agree on all aspects or have to negotiate them
- The experience and qualifications of the mediator they hire
- The amount of time the mediation takes
- If other professionals are needed to value property or complete other tasks
- The complexity of other factors in the case
- The filing fee in their state and county
The more issues that need negotiation, the longer divorce mediation will take, and the higher certain costs are likely to be.
Determining Your Options for a Less Stressful Divorce
There are several forms of ADR that may be useful to couples, depending on their unique situation. A skilled attorney at Stange Law Firm can help spouses determine the options for resolving their divorce privately and efficiently.
