Divorce mediation can be a great way to come to an agreement with your spouse about the terms of your divorce, without having to go through the costly and time-consuming process of a trial. A divorce mediation attorney can help facilitate the mediation process and ensure that it goes smoothly.
What Is Divorce Mediation?
Divorce mediation is a process whereby the divorcing parties meet with a neutral third party (the mediator) to try to reach an agreement on the terms of their divorce.
The mediator does not make decisions for the parties, but rather helps them to communicate and negotiate with each other in an effort to reach a mutually acceptable agreement.
Benefits of Divorce Mediation
We usually only see one path to divorce: an often ugly trial that takes months and is stressful for both parties. But mediation is another option with several benefits:
- Often cheaper and faster than a trial
- Less stressful and more private than a trial
- Allows you and your spouse to have more control over the outcome of your divorce
- Can improve communication and problem-solving skills that can be useful in the future
- Leads to better understanding on you and your spouse’s needs and interests
- Can help reduce feelings of hostility and resentment between you and your spouse
Possible Obstacles of Divorce Mediation
While divorce mediation can be largely beneficial for many couples, every situation is unique and mediation may not be the best option.
It’s important to consider these potential obstacles of divorce mediation for your specific circumstances:
- It requires cooperation and good faith from both parties
- It may not be suitable for all couples, particularly if there is a history of domestic violence or one party feels bullied by the other
- Depending on the situation, it can be difficult to reach an agreement on complex issues such as child custody and division of assets
If you are considering divorce mediation, it is important to consult with an experienced divorce mediation attorney who can help you understand the process and ensure that it is conducted properly.
What Is the Role of a Divorce Mediation Attorney?
While the mediator doesn’t have to be a lawyer and usually isn’t (because they’re not there to give you advice and negotiate for you), a divorce mediation attorney can help you to navigate the process to ensure everyone is treated fairly.
A divorce mediation attorney could explain the mediation process, help both of you identify and understand your interests, and facilitate communication throughout. They would be like a guide rather than an advocate or negotiator.
They can also help prepare and present proposals during mediation and help you come to an agreement.
While you are not required to have an attorney during mediation, it may be helpful to consult with one beforehand to understand the process and your legal rights and interests. If you do choose to have an attorney present during mediation, they will likely charge by the hour. The mediator’s fees are generally split evenly between the parties.
How Do I Find a Divorce Mediation Attorney?
If you’re considering mediation, start by finding an experienced divorce mediation attorney in your area. You can do this by searching online or asking for referrals. Once you’ve found a few potential attorneys, schedule consultations with them to discuss your case and see if they would be a good fit.
What to Expect During a Divorce Mediation Attorney Consultation
During a consultation, the attorney will likely ask you questions about your marriage and divorce, as well as your goals for mediation. They may also ask you questions about your finances and asset division. Be prepared to answer these questions truthfully and openly.
You should also come to the consultation with questions of your own, such as:
- How long have you been practicing mediation law?
- How many cases have you mediated?
- What are your fees?
- Do you think mediation is a good option for us?
The consultation is also a good time to get a feel for the attorney’s personality and see if you would be comfortable working with them. If you decide to move forward with mediation, the next step is to meet with your spouse and begin the process of a mediated divorce.
Key Takeaways
Mediation can be a great option for couples who feel that they can communicate openly and come to decisions on their own. If the marriage has been full of power struggles or abuse, or if there are complicated situations like child custody, mediation would not be the best choice.
An experienced divorce mediation attorney can help you navigate this experience if it is the route you decide to take. At Monarch Law, we have helped countless couples go through successful divorce mediations. If you’re looking for a divorce mediation attorney in Orange County that will support you through this process, please reach out to us for a consultation.
