Why consider mediation?
Divorce is expensive and time consuming. Couples facing divorce will have to deal with airing out their dirty laundry, dealing with the emotional pain and paying cost of courts, lawyer fees and dividing their assets with their spouse. With mediation, much of the unnecessary drama of getting a divorce can be reduced if not completely avoided.
What happens during mediation?
During divorce mediation, both spouses will sit down with a neutral third party, known as the divorce mediator. A divorce mediator in Orlando is someone who has received specific training in order to deal with the issues of those facing divorce. The mediator will give each party a chance to speak and discuss issues important to them, helping couples understand what they really want and if divorce is the best option. The mediator does not give advice to either party and all information remains confidential.
The divorce mediator will explain how the law system works to the couple and if the mediator is an attorney can draw up and file court papers. Unlike arbitration, mediation is not a legally binding decision made by your mediator. Instead, couples have complete control over what decisions are made and can walk away from mediation at any time. Some states, however, use court-ordered divorce mediation for couples with children to help negotiate child custody and visitation issues.
How to Pick A Divorce Mediator?
Mediators should have received training from a recognized source and should be able to provide references from attorneys, fellow mediators and other recognized professionals. A mediator with several years of experience has more knowledge than a beginner; some mediators are also family lawyers themselves. The cost will also help when choosing a mediator, most charge a fee for each session lasting around one to two hours.
Note that there are several experienced divorce mediators in Orlando, finding one for you isn’t a problem in the least.
How Will Common Assets Be Divided?
A divorce mediator can draw up a settlement agreement for couples showing how property and finances will be divided once a settlement is reached. To do this the mediator will aid each party in determining what they own, as well as determine what they owe out in the form of taxes and other debts. Financial planning tools such as budgeting may be used to help understand how the divorce will affect finances. Divorce mediation might also review how the judge is likely to divide assets based on how much income and property each spouse bought to the marriage. Issues of alimony, child custody, how parenting duties will be shared and child support may also be determined.
Is A Lawyer Still Needed?
Mediation is not a substitute for seeking the advice of legal counsel. Mediators should not discourage hiring or consulting with an attorney during a divorce. In fact, many encourage their clients to bring their attorneys with them to divorce mediation. A lawyer will help prepare for negotiating with the spouse and ensure the agreement or settlement reached is in their best interest.
Conclusion
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