When the spouses have reached agreement about one or more of the issues in their divorce, many mediators–especially those who are also attorneys–will work with the spouses to draft a marital settlement agreement. Before signing, both spouses and their lawyers (if any are present) can thoroughly examine the agreement.
Signing a settlement agreement does not finalize a divorce. Both parties must still file the agreement and request that it be incorporated into the divorce decree by the judge. Ask your mediator if they will also file any required paperwork for divorce with the court.
A successful mediation allows spouses to proceed with an uncontested divorce. Uncontested divorces are those where the judge does not have to make decisions divorce lawyers about issues such as child custody and property division. All that is left is to check that the agreement is legal and fair, then enter the final divorce decree.
Uncontested divorces tend to be cheaper than litigation divorces because there is no dispute. Uncontested divorces can be completed faster by the courts because they are easier to complete. Couples who want to divorce must file a suit to end the marriage. To reach a divorce agreement, it is not necessary to follow the conventional litigation route. Mediation is a popular way for couples to settle their differences.
Not their attorneys or a judge, but the couple themselves negotiates their divorce terms. Mediation puts the decision making in the spouses’ hands. You can also avoid family court by using mediation.
Mediators are neutral, third parties who help resolve disputes. Mediators encourage parties to explore their options, and they help them find solutions. Mediators encourage communication and understanding while focusing the parties’ attention on their own interests. The parties can reach an agreement through creative problem solving.
The costs and the delays in the legal system frustrate many divorced couples. Other options are desired. Alternative dispute resolution has been recognized by the courts. Most people prefer to resolve disputes out of court. The popularity of court-related mediation has increased across the nation.
Nearly every state mandates mediation in child custody cases. There are now more options available for alternative dispute resolution in many state courts. Mediation is now the most common form of dispute settlement for divorced couples. Mediation works when a mediator is appointed to facilitate communication between the parties. It is the mediator’s responsibility to encourage compromise and mutual understanding in order to achieve a fair resolution. Mediators are especially useful in divorces or other family law cases where there may be a continued relationship between parties.
Mediation is a great way for many couples to save money and avoid emotional pain. Mediation is less expensive than traditional divorce because settlements are generally faster. You can also save on attorney’s fees.