Any legal separation, no matter the reason for the divorce, is going to take an emotional toll on all those that are involved. These situations are not only difficult for the married couple, but also for their children, other family members, and even close friends. While it may seem as if there is no way to carry out these proceedings in a friendly and mutually-beneficial fashion, there are a number of solutions out there for those that would like this process to go smoothly. This includes divorce mediation, often the key when it comes to finishing the legal proceedings as quickly and affordably as possible.
The Basics of Divorce Mediation
Current studies show that over 5 percent of all divorces will go to trial. This will take place for any number of reasons ranging from custody over the child to how the finances or mutual belongings will be split. While mediation could be ordered by the judge, many couples will attempt out-of-court mediation as the first step in this process. Essentially, mediation is the process in which the couple that is splitting up goes over all the changes in terms of possessions or custody with a mediator present. Once the mediation has been carried out and agreed to by both parties, it will be signed and the decisions will become legally binding.
Who Can Mediate?
One of the primary reasons that many couples fail to seek out mediation is because they are not only unsure of how the scenario will play out, but how mediation even occurs and who can oversee. If the court does make mediation mandatory, a ruling that is becoming more popular by the year, they will appoint a mediator or give the couple a list of mediators that they can choose from. These specialists typically have a background in psychology and are well-versed in all family law. Mediators can also come from local non-profit organizations, schools, churches, or even within the family.
According to Divorce & Family Mediators of Texas, whoever does decide to mediate will be legally bound to oversee the entire process and ensure that it stays within the limits of the law from start to finish. They said, “the key thing to remember is that the mediator must be as neutral as possible which generally means a third-party that neither individual knows previously.”
The Process of Mediation
The primary advantage of divorce mediation is that it is less adversarial and less costly than the vast majority of divorces that move into the realm of legal litigation. This process begins with the two parties and their legal representatives, if either side has any, finding a neutral mediator and then collecting information. This will primarily be all records of possessions, earnings, and any other liquid or non-liquid assets that will become a factor in the mediation. Once the meeting location and time has been set, the mediator will move through each of these assets in order to come up with a mutually-agreeable decision on which party will take full possession.
Mediation and Child Custody
In the event of custody for a child, mediation is one of the best options in order to provide the best environment for all members of the family. Generally, the mediator will take a close look at the finances and time investments that each parent can offer their child. They will then cover the schedules of the parents as well as where they will be living and the environment that they will be living in. Each side will propose their own ideal situation for custody, and if it is not agreed upon the mediator will suggest changes that can be made until the best results are reached.
No couple that is getting a divorce should ever feel as if these scenarios must be personal, petty, or even expensive. Mediation is one of the best options to prevent adversarial and time-consuming proceedings within a court of law.
