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Divorce is an emotionally draining experience and, to add to it, financial and legal disputes make the experience even worse. There are growing expenses, including attorney’s fees and separation of the assets, and many former spouses end up promising a share of future earnings during the process, as well. Thankfully, the divorce mediation process provides an alternative to this scenario. It is often both emotionally and financially easier for both people.
What is divorce mediation?
Typically, mediation is the legal term used for an out-of-court settlement that two parties mutually agree to, and it involves a neutral third party called the mediator. This same situation holds true to divorce cases as well. If the former partners are seeking a divorce and they come to amicable terms under which both the spouses fulfil a former agreement in the presence of a neutral third party, then it is known as divorce mediation.
The process is one that spouses often pursue to save both time and money. It can also save them the hassle of fulfilling the legal formalities involved when the case goes into a courtroom.
Usually, divorce mediation cases offer a much better opportunity for the spouses, and it’s no longer about winning or losing the case. To put this into perspective, consider a situation where children are also involved. Undoubtedly, the court would consider several tangible factors before ruling the case in favour of any party. This could be particularly harmful to children. On the other hand, if the spouses understand their family’s circumstances and can choose a better future for their children, they would most likely choose the divorce mediation process.
On that note, it is evidently necessary to understand what things to consider before and during the mediation process.
Whether to choose the divorce mediation process or not?
It is evident that mediation is not recommended for all cases. In fact, spouses should consider a few key aspects of their relationship before they think about getting a mediator involved.
1. Consider the marriage
The first thing to do when thinking about mediation rather than divorce is understanding the condition of marriage. As experts say here, https://waymanandlong.co.uk/new-services/divorce-separation-mediation/ separation for spouses either by mediation or by divorce could mean drastic changes in life choices. At the same time, it is also suggested that if one of the partners have experienced emotional or physical trauma during the marriage, mediation should be avoided.
2. Think about finances
Of course, separation would also mean separating the assets. And for one of the spouses, usually the main earning partner, separation would also mean paying alimony that could be even more of a burden. Mediation can help avoid these situations if the partners can come to a mutual agreement.
3. Consider the child’s future
Most of the time, as already mentioned, children are the main reason why separating partners choose the divorce mediation process. That is especially true if the children need parental support as they are not old enough to support themselves.
That being said, deciding to head into mediation is something to assess carefully before doing so. After all, the process does offer a second chance to the separating couple to find their spark again.
What the divorce mediation process looks like
If mediation is something you and your former partner pursue, below are the steps that this usually involves.
1. Find a mediator
The foremost thing to do is find a mediator. Unlike divorce lawyers, a mediator can be anyone, from a social worker to a courtroom judge or even a university professor. But, there’s one thing for sure- the mediator is a neutral party involved in the matter and solely dedicated to pointing out the issues that the two parties need to work out.
2. Attend mediation sessions
Once a mediator is involved, there will usually be mediation sessions that both spouses must attend. The purpose of these sessions is to provide the spouses with a neutral atmosphere where they can sort out their differences without naming or blaming anyone.
3. Potentially filing for divorce
At the end of mediation sessions, if the mediator concludes that the spouses are no longer happy together, they may suggest filing for a divorce. Notably, the mediator would act as a witness to both the parties and help the court would pass a ruling to this effect.
Takeaway on the divorce mediation process
Regardless of the age of marriage and individual capacities of the spouses, divorce mediation provides the chance to repair the broken strings. Marriage is a serious entity that can be saved in certain instances.
But if it is beyond repair, as in the case of abuse, then the healthiest choice is to go your separate ways. The hope is that it will be an amicable process. It is ultimately up to the couple to decide whether to file for mediation or go for divorce straight away, depending on the considerations above and other factors important to the separating partners.
This post is also available in: French