Questions To Ask Your Lawyer About Mediation

Many couples are turning to divorce mediation instead of court proceedings for divorces. Before filing for a divorce, you should talk to an attorney. Make the following inquiries about divorce mediation before you choose to go to court.

Who Should Be the Mediator?

A mediator should be non-partisan. You and your spouse should choose a mediator who is not biased. Many cases are mediated by a divorce attorney. If your divorce attorney doesn't have experience with mediation, they will recommend a mediator.

Your attorney may also get a list of prospective mediators from the local state bar association, legal aid, or court. Choose a mediator based on their expertise. For example, some mediators are experienced in financial matters such as property division, while others are experienced in child custody cases.

What Does Mediation Entail?

During mediation, couples meet with a mediator who runs discussions aimed at reaching an amicable settlement. Some issues discussed include child custody, property division, and any other issues necessary to settle the divorce. 

Mediation may occur in the mediator's office or online through platforms such as Skype and Zoom. The style used by a mediator will vary. Some meet both spouses in one room while others keep them in separate rooms.

What Are the Benefits of Divorce Mediation?

People undergoing a tough divorce are less productive and distracted when engaging in their normal activities. Divorce mediation is mainly encouraged because conflicting parties settle their differences on friendly terms. This helps ease the tension between couples. This makes it less stressful than going to court. 

Mediation is also quicker than a court divorce proceeding. It usually takes a few weeks. This is because the couples and mediator engage in constructive brainstorming. As a result, there is a collaborative approach to pertinent issues instead of arguments marked by high conflict.

Lastly, mediation is confidential. A court divorce proceeding offers little privacy. As a result, your public linen will be aired in public. Divorce mediation is private since there is no audience in the meeting. Mediators will also handle all your paperwork to ensure your case remains confidential.

If you are facing a divorce, the best way to end it swiftly is through mediation. However, this form of conflict resolution will not work if one spouse has a history of domestic abuse and deceitfulness. It also doesn't work if your spouse wants to delay the divorce proceedings. Your divorce attorney will advise you whether to go through court proceedings or to try mediation. For more information, reach out to a local divorce law firm, such as Budget Divorce Center.