The Process Of Divorce Mediation And Its Advantages Over In-Court Litigation

Mediation is often a necessary service when it comes to marriage counsel. When it comes to mediating a divorce, a neutral third party may greatly assist in working through issues and resolving the separation in the most amicable manner.

Most commonly, divorce assistance encompasses taxes, asset distribution, and child custody and support. Outside of legal and financial negotiations, oftentimes, divorce mediation services may extend to emotional support. Three years after separation, most do marry again, but the difficulties of the current partnership may require some form of marriage counsel.

Divorce Mediation Services

One key aspect of divorce counsel is that the mediator, often a divorce attorney, remains impartial to either spouse. Simply, they help with negotiating the terms of separation, including issues involving taxes, assets, and child custody and support circumstances. For example, in 75% of divorce cases, children often end up living with the mother.

This form of marriage counsel is a settlement that takes place outside the courtroom. When divorce is litigated inside a courtroom, costs may be much higher — thousands of dollars more — and settlements may take much longer to reach.

Divorce mediator costs can range from $100 to $1,000 an hour, although on average, that cost is closer to $300. Therefore, the cost of mediation depends on the number of sessions and how long it takes for both parties to resolve their issues.

There may be an initial fee to set up a meeting, and should a resolution be reached, there could be another fee for the creation of documents, ranging from $500 to $1,500. How long it takes to finish the mediation process is dependent on the ability of both parties to agree with each other. Typically, cases may take sessions over the course of a month or so.

In comparison, in-court litigation, according to the national average, may cost $15,000 per individual and take up to 18 months to settle.

What To Expect During Divorce Mediation

The divorce mediation process involves several stages in order to reach a resolution.

First, background information is laid out to the mediator, who will then explain how to proceed with the mediation. Approaches towards resolution will be suggested, based on how well the spouses communicate.

From there, needs and circumstances of the case will need to be discussed, and the mediator will then lay out general legalities that may be applicable. For example, the division of assets, child custody, and support, insurance policies, and taxes will all be addressed.

The needs and interests of both spouses must also be laid out and discussed for compromise. This is necessary in order for negotiations to take place since various options must be explored and evaluated in order to come to the terms that best suit both parties.

When mediation concludes, agreed terms will be written into a document and a settlement agreement containing the negotiation points will be included. Once a formal settlement has been reached, that agreement may now be filed with the court, concluding the divorce case without a need for in-court litigation or divorce attorneys.

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