Understanding Divorce Mediation

When it comes to divorce, many couples assume that they will have to go through a lengthy legal process that is both expensive and emotionally devastating. Divorce mediation, which is an informal legal process, is one alternate to an otherwise costly trial. As the name implies, mediation is the process where a neutral third-party presides over the agreement of a divorce as made between a husband and wife.

Not only is divorce mediation a faster process than a trial case, it can also be much less expensive. Whereas a trial procedure can last for months or even years, a divorce settled through mediation can often conclude in much less time providing both parties are cooperative during the discovery process and are flexible as to when mediation meetings can be held. Although informal, the mediation process is very much a legal process and must be approached accordingly. Because the mediator is impartial, both the husband and wife are often encouraged to seek the independent advice of a divorce attorney. Whether it's simply to be present during the mediation process or to offer recommendations and help to make their client aware of his/her rights, a divorce lawyer may help the mediation process to move forward in a timely manner.

So, just what makes divorce mediation more affordable than a court trial? For one thing, the attorney fees will be less expensive because of less research, time and not having to record depositions. The more time your attorney spends working on a case and the more research he/she is required to do, the higher the attorney fees will be. Regardless of the approach, a divorce is an expensive process. The good news is, however, that there are ways to keep the costs at a minimum and one of those ways is through divorce mediation.

In order to effectively complete a divorce through mediation, both parties must be willing to attend regular appointments with the mediator and should also be cooperative throughout the discovery process and questioning. Topics that require agreement include, among others, alimony, the division of assets and child custody. Once both parties agree to the terms of their divorce mediation, a court date will be scheduled for the final hearing.

The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce mediation and/or the divorce process. If you are considering a divorce, consult with a professional attorney in your area for further information.

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