Not all marriages are successful. Marriages may fail at some point, no matter how good the relationship started. When a marriage fails, the first thing that comes to mind is how to get a divorce. A divorce is an option available to spouses whose marriage cannot be fixed or resolved. The differences between the spouses are no longer reconcilable.
When spouses decide to separate, there are several factors that they shall consider before moving forward. This article will discuss divorce mediation as an option when a marriage breaks down, how to go about divorce mediation, and whether a lawyer is necessary for divorce mediation.
If you ask yourself, “Do I need a lawyer for divorce mediation?” This article provides you with insights on this matter.
The Goal of Divorce Mediation
An essential thing that you should understand is that divorce covers several factors. Before spouses may separate for good, they shall discuss first their property relations, how to divide the properties, and who shall have custody over their children. These discussions will be challenging for spouses.
Expect to have little to major arguments here and then. Since spouses are not on good terms with each other, they usually have yet to agree on a favorable agreement for both. Typically, one spouse will assert their right over the other and end up in another heated argument.
Divorce mediation aims for the parties to come up with a mutually favorable agreement. At first, it will be tough for parties to talk, so you cannot expect the spouses to reach a decision fast. Divorce mediation is an option for them to talk face-to-face and decide on an agreement that will benefit not just favor one party but both of them.
What Happens in Divorce Mediation?
Divorce mediation is a process by which spouses agree to settle their differences amicably by coming up with a mutually acceptable agreement. There are three parties in divorce mediation: the two spouses and a divorce mediator. The divorce mediator is the one who acts as a neutral third party who tries their best to be in between the spouses when they make decisions for their divorce agreement. A divorce mediator is usually a lawyer who specializes in family law.
While the two spouses talk to each other during mediation, the divorce mediator is the one who asks questions and facilitates the discussion. It is the job of a divorce mediator to ensure that the debate will not end through a dead end, but instead, they can come up with a mutually acceptable agreement.
A divorce mediator does not provide legal advice; they merely act as a facilitator so the parties can conclude after going through all the discussions concerning their separation.
When is Divorce Mediation Appropriate?
It would be best if you remembered that parties must talk to each other in divorce mediation. This process presupposes that the parties are still willing to face each other and talk. Thus, when you consider divorce mediation, you shall ensure that both parties are eager to sit and talk to each other.
The parties shall feel comfortable talking and express willingness to listen to what the other party must say. The parties must also understand that in divorce mediation, they may not agree with the decision, but it is the best compromise that they may have. It is a win-win solution for both parties and not necessarily the most favorable to one party.
Divorce mediation can only be successful when both parties understand that the goal of the negotiation is to have the best compromise agreement for them. The discussion should end with something; otherwise, both parties will talk indefinitely without concluding. The parties shall commit themselves to try talking and negotiating until they reach a mutually favorable settlement.
Following this, when is divorce mediation not recommended? Divorce mediation is not recommended if parties are unwilling to talk to each other. If you ask yourself, when is divorce mediation not recommended? Know that the moment you refuse to have any direct personal communication with your partner, divorce mediation is not for you.
If anyone asks you, when is divorce mediation not recommended? Tell that person that divorce mediation is only recommended if you commit to reaching a compromise agreement or settlement with your partner.
What is the Difference Between a Divorce Lawyer and a Divorce Mediator?
You may have heard of the terms divorce lawyer and divorce mediator. These terms are not interchangeable as they refer to entirely different persons. The main distinction between the two is this: a divorce lawyer represents and acts for one party, while a divorce mediator is only a neutral third person who does not favor one party.
A divorce lawyer provides legal assistance and guidance to the party who hired them. A divorce mediator does not provide legal assistance and guidance; they merely act between the parties to reach a compromise agreement.
A divorce lawyer ensures that their client will obtain a more favorable decision for them and that their rights will be protected during a divorce. In contrast, a divorce mediator ensures that both parties will win at the end of the discussion.
So, do I need a lawyer for divorce mediation? The answer to this is that what you need is a divorce mediator, not a divorce lawyer. A divorce mediator does not represent you; they guide and facilitate your discussion with your spouse.
Mediator vs. lawyer divorce involves different processes and conclusions. Mediator vs. lawyer divorce differs because the same persons do not handle them. The key difference between mediator vs. lawyer divorce is that in mediation, the parties have control over the outcome of their agreement. In divorce, with each party’s lawyer, the parties trust the judge to develop a good judgment.
Advantages of Divorce Mediation
Divorce mediation offers many advantages. If you wish to consider divorce mediation, the following are its advantages:
-
Fast and easy
Divorce mediation is usually fast and easy. It does not involve litigation, so the parties need not go through trial and hire their attorneys. How long the negotiation will take depends on the pace of the discussion.
Some discussions end fast because the parties are willing to accept each other’s offers and opinions. Some discussions do not end easily because one party hesitates to accept the other’s offer. In general, however, divorce mediation is faster compared to litigation.
-
Cheaper
In divorce mediation, each party does not need to hire a lawyer to represent them. The more complex the marriage issues are, the higher the parties pay their lawyers. Legal fees involve acceptance fees of the lawyers, the cost of drafting pleadings, and appearance fees during court proceedings.
Spouses will avoid these various fees if the parties opt for divorce mediation. Their only concern is the divorce mediation fee and other miscellaneous expenses. So, do I need a lawyer for divorce mediation? The answer to this is that you do not need to have your lawyer. The divorce mediator can do the job.
-
Control over the process and outcome
In divorce mediation, parties are free to decide what they want. They are free to stipulate terms that both of them agree upon. The process is very different from filing a typical case in court, where the outcome depends on the judge’s decision. In divorce mediation, parties decide for themselves.
They will discuss what they want for themselves, how they shall divide their properties, and what their arrangement would be when it comes to their children. In this way, the whole process is a lot easier and faster.
How Much Does Divorce Mediation Cost in California?
The cost of divorce mediation in California depends on the nature and complexity of the case. How much does divorce mediation cost in California? You have to consult with a divorce mediator to verify the fees you need to prepare for and the arrangement on how you can go about the payment.
How much does divorce mediation cost in California if your case is complicated? The simple answer to this question is that fees generally depend on how fast, easy, and convenient it is for the divorce mediator to resolve your case.
How to Find the Best Divorce Mediator?
If you want to look for the best divorce mediator, try searching online with the keywords divorce mediator near me. The keywords divorce mediator near me will connect you with experienced divorce mediators who can help you easily. You can ask for help from friends and family who have undergone divorce mediation. However, looking for reliable information online with the keywords divorce mediator near me will also help you greatly.
Have a Complete Checklist of Documents Before a Divorce Mediation?
A divorce mediation checklist involves all the documentary requirements before you can start with the negotiation process. The divorce mediation checklist includes your identification, family background, list of assets, and all other personal information to help you develop a good settlement. The divorce mediator will ask you to comply with the divorce mediation checklist before they can properly facilitate your discussion with your partner.
Final Thoughts
Divorce mediation is a challenging task. However, if you and your spouse commit to being open, willing, and understanding during the negotiation process, divorce mediation is something that you can consider.
Divorce mediation requires you to have an accepting mind when you start talking to your spouse, and you will both have peace of mind knowing that the agreement you will end up with is something that you both participated in and decided for yourselves.
