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Divorce mediation is designed to assuage the stress involved with the divorce process. In divorce mediation, the couple, assisted by a neutral third party, work together to decide on the terms of the divorce settlement. The third party acts as an unbiased mediator to listen to the needs and wishes of both parties. Divorce mediation can be helpful in negotiating important issues such as child support, custody, alimony, and property division.
In divorce mediation, the couple is able to maintain a sense of control over the outcome of their divorce. Decisions are made by the couple through discussion, negotiation, and agreement, rather than by a judge. During divorce mediation, the mediator must remain unbiased and not advise either party in the divorce settlement. In many cases, it is very helpful to have a personal attorney present for the mediation sessions to protect your best interest.
Divorce mediation can be a better option for children as well. Divorce is particularly tough on children and can be made less stressful by showing that the parents can still work together to achieve mutual agreements. Any agreements made about the children during the divorce mediation must be evaluated and approved by a family law judge. The courts have the final say in all matters related to the children and will always judge with their best interests in mind.
When divorce issues can be resolved through mediation, the financial and emotional costs of divorce are often mitigated. Electing to use divorce mediation, however, does not mean that you forfeit your right to court proceedings. Often, issues will arise in the divorce mediation sessions on which both parties are unable to agree. In these cases, a judge can decide the issues in conflict.
While divorce mediation can be a good option for some, it is not a feasible option for everyone. Couples who cannot agree over the terms of divorce, those who have experienced any form of abuse during the marriage, and those with other contentions may not benefit from divorce mediation. It is always helpful to confer with a qualified divorce attorney who can determine the best way to protect and maximize your legal interests.
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