10 Considerations for Breaking the Divorce to Your Kids After the New YearApril 23, 2017
A Happier Life After Divorce?April 23, 2017
If you are considering a divorce, or have filed or been served with divorce papers, you have several options.
- YOU CAN HIRE AN ATTORNEY
- GO IT ALONE WITHOUT A LAWYER
- IGNORE THINGS AND HOPE IT ALL GOES AWAY (DEFINITELY NOT RECOMMENDED); or
- YOU CAN CHOOSE THE PATH OF MEDIATION.
To choose meditation, you and your spouse must both agree to do so.
Here are some reasons to choose mediation:
- Divorce and post-divorce mediation is the most efficient way to resolve issues relating to property, support, custody, visitation, lifestyle, and blended families.
- Since settlement can generally be concluded in a limited time frame, there is less delay, confusion and uncertainty as to the outcome.
The emotional toll on the parties and on family members is significantly lessened.
- An agreement reached through mediation will generally cost less than one- third of the expense of adversarial litigation in court.
- The settlement process is informal, non-adversarial and, in order to promote candor, totally confidential. The mediator cannot be called as a witness in any court proceeding. Settlement proposals and discussions during the course of negotiations cannot be revealed in later court hearings.
- The mediation process is based on the premise that both parties have legitimate needs The process helps develop options that will successfully reconcile those needs to the satisfaction of both parties.
- Through mediation the parties can make agreements with respect to matters over which the court has no jurisdiction. For example, the parties could decide on how the expenses of a child’s college education are going to be shared, an issue that is beyond the jurisdiction of the court.
- Through mediation, the parties can fashion creative financial and tax planning solutions, which can benefit both parties. This flexibility is very limited in a litigation setting.
- If a party becomes dissatisfied with the mediation process he or she can withdraw at any time. This helps to reduce the risk of either party intimidating or exploiting the other party or manipulating the process itself.
- Once an agreement has been reached in mediation, a formal written agreement is prepared by the mediator and submitted to the court to be signed by a Judge. It becomes a binding legal order of the court.
- Parties are more likely to comply with the terms of an agreement they have fashioned themselves, rather than one imposed upon them by the court. Future litigation is thereby reduced.