If you are in the beginning stages of divorce, you may be considering whether to have a contested or uncontested divorce. Mediation is a process that allows a more amicable process where both parties can seek a more peaceful resolution. The divorce mediation process will include both spouses, possibly both attorneys that represent the spouses, and a mediator. Find out if a divorce mediation process could work for you.
What is a Mediator?
A mediator is an unbiased divorce expert that will provide both parties with neutral information regarding their divorce. They can help the parties both understand the legal aspects of the divorce process, as well as help the parties make decisions about finances, childcare, custody arrangements and alimony. A mediator will never make a legal judgment that is binding on both parties, that is the responsibility of the judge in the divorce case. However, a divorce mediator will assist both parties towards a resolution of any unresolved, challenging and contested issues.
Mediation vs. Typical Divorce Process
Divorce impacts all parties financially and emotionally. A contested divorce can last months, or years, and can exhaust everyone’s emotions and bank account. However, if it is possible for the parties to at least consider coming together to visit about the most serious aspects of a divorce, the process can take less time, and cost less money.
Mediation is different than a contested divorce in several different ways, including:
- Reduced financial cost through mediation
- Mediation sessions are not public record, unlike divorce hearings
- Both parties can have their side fully discussed, which can lead to both emotional resolutions and ultimate agreements
- The tone is more conversational and cooperative, rather than adversarial
- Advice from an attorney is still allowed and available throughout the mediation process
Mediation Outcomes and Expectations
Oftentimes, mediation is a beneficial option for spouses that have children. A healthy and emotionally stable relationship is important for the children, and mediation fosters communication instead of argumentation. This can create a foundation that lasts into the years after the divorce, establishing a tradition of non-confrontational discussion regarding different issues related to the children.
Mediation is not for Everyone
Some divorces simply do not lend themselves to the mediation process. Emotional and physical abuse by one spouse against another will typically prevent the mediation process, which is intended to cultivate a non-confrontational, mutually respectful environment. The negotiations must be able to occur in good faith and without fear of physical, emotional, or financial retaliation. Other types of divorce that involve legally complex issues or significant financial transactions may also not be appropriate for the mediation process.
Let Us Help You Today
If you believe there is any chance that you and your spouse could work together to compromise regarding the most important aspects of the divorce process, having a mediator assist you may be the best possible alternative to a contested divorce in your case. Mediation can assist both parties with communication, and alleviate the severe adversity that oftentimes accompanies divorces.
The experienced Las Vegas divorce attorneys at Ghandi Deeter Blackham Law Offices can help you determine if the mediation process would be right for you, and assist you in any way you decide to move forward with your divorce. Please contact one of our attorneys at 410-535-5500 today for your free consultation.