Most couples going through separation or divorce immediately assume they need a family law lawyer, which can be very expensive, stressful and time consuming. After consulting with a trustworthy family law attorney they realize there are less stressful, cheaper and faster ways of resolving disputes during separation or divorce; Family Mediation.
A Family Mediator acts on matters of separation, divorce, child support, spousal support and asset separation. The difference is in where and how these matters are resolved.
When acting for a client seeking a divorce, a family mediator will gather evidence including financial assets and prepare necessary documentation to negotiate settlement on behalf of their client. This may also include residency for children, however children are usually not deemed as a priority, whereas the mediation process is less invasive on all parties involved, including children.
Separation Mediation or Divorce Mediation is often voluntary and less argumentative. Mediators do not have authority to make a final determination like an arbitrator would, unless the couple going through a separation or divorce decides to give the mediator that power. Consequently, a family mediator in a mediation service has many advantages over a divorce lawyer in a litigation process including the following:
Fast Settlements: The separation mediation process involves a third-person who serves as a mediator and the couple going through a separation or divorce. Mediation process saves time and money on both sides as parties involved do not require court room hearings or are subject to the court’s calendar.
Children Needs: If there are children involved, the needs and voice of the child are heard louder during the mediation process and negotiations versus focusing on the financial matters only when left to the family lawyers and court.
Less Expensive: Employing a mediator during a separation or divorce is vastly less expensive then employing a family law lawyer, combining with a much quicker family dispute resolution process, you will be paying less money for fair and quicker results.
Control: The goal of the mediation process is to negotiate a divorce settlement agreement that satisfies the both parties. The means that, the parties will have a say in the divorce settlement agreement and much more control on the outcome.
Confidential: Mediation process is confidential. Unlike court hearings, which are public and recorded. The mediation process is completely private and not recorded. The mediators will never disclose any information shared during the mediation process. This reason alone can be a great reason to choose family mediator over a family litigation lawyer.
Greater Compliance: Since the couple going through separation or divorce is involved in coming up with a mutual divorce settlement agreement and have a control on the outcome of the mediation process, compliance with the mediated dispute resolutions is generally higher than with the family litigation lawyers.
Successful mediation can lay the groundwork for a family going through separation or divorce in preserving relationships that are important to you.