More and more people are choosing divorce mediation as a viable alternative to resolving their issues in court. In mediation, both sides attempt to negotiate an agreement that is acceptable to all, and they do so with the assistance of a mediator who acts as a facilitator while helping to keep the lines of communication open and tamping down adversarial behaviors. The mediator is not there to make any decisions: they are simply there to help couples reach decisions about property, child custody, and support without going through the emotional and financial rigors of a court hearing. Divorce mediations often lead to agreements being achieved more quickly, with less expense and less acrimony. Though many believe that mediation can be accomplished with both sides acting on their own behalf, it is often advisable to have a divorce attorney acting as your advocate and advisor.
When you are working with a professional divorce attorney, you will likely find that they will not only encourage you to attempt mediation but may also be of help to you in encouraging your spouse to participate as well. One of the most important ways that a good divorce attorney will be able to help will be to give you an idea of what to expect from going forward with a litigated divorce versus a mediated divorce. Hearing both the outcomes and the anticipated costs in both scenarios may be an enlightening experience, and help you make important decisions about the process.
Even if you decide to pursue mediation, consulting with a divorce lawyer regarding your mediation process is a smart idea. An experienced divorce attorney has extensive knowledge of your legal rights, and though you may be able to discover a great deal by doing your own research, there may be complex areas that are unique to your situation that they may be able to advise you on. Sitting down with your divorce attorney prior to a mediation session will enable you to understand what all of your options are. They will explain the basics of the law so that you are negotiating from a position in which you know what your rights are, and may even be able to provide you with some negotiation techniques that will be of help. At Smith Horwitz, we often provide our clients who are participating in divorce mediation with creative solutions that they can propose during the course of the process.
Even if you decide to pursue mediation, consulting with a divorce lawyer regarding your mediation process is a smart idea. An experienced divorce attorney has extensive knowledge of your legal rights, and though you may be able to discover a great deal by doing your own research, there may be complex areas that are unique to your situation that they may be able to advise you on. Sitting down with your divorce attorney prior to a mediation session will enable you to understand what all of your options are. They will explain the basics of the law so that you are negotiating from a position in which you know what your rights are, and may even be able to provide you with some negotiation techniques that will be of help. At Smith Horwitz, we often provide our clients who are participating in divorce mediation with creative solutions that they can propose during the course of the process.