The Power of Mediation During a Divorce
- DATE: July 7, 2017
- POSTED IN: Family Law , Uncategorized
- POSTED BY: Gene Kirzhner
A divorce is a difficult, stressful, and costly process. However, there are some steps that you can take to avoid the latter. One of the most powerful and often underutilized tools in a divorce is mediation. Mediation can reduce the cost and length of your divorce proceedings, but those aren’t the only benefits. Having an attorney that understands how valuable mediation is, is a great benefit.
What is Mediation?
Mediation is the process of sitting down with your spouse outside of a court setting to try and come to an agreement about your divorce. A neutral third party, called a mediator, will meet with you to resolve issues relating to your divorce. These issues include property division, alimony, child custody, and child support. A mediator does not make decisions for you; they just help facilitate a discuss that ends in fair agreement to which both sides agree. The idea is to reach an agreement as quickly as possible.
Mediation is fair to both sides because both people have their voices heard equally. A neutral third party can do wonders for your case.
The Benefits of Mediation
There are obvious benefits like the reduction in court costs and lawyers fees. Also, there are some other benefits about which you may not think.
This is the most obvious advantage of using a mediator during a divorce. Cutting down on the costs related to your divorce is important. You will pay for meetings and not motion papers and court appearances.
You Have Control
Both parties have control of not only the discussion topics but the outcome as well. When the court has no say in your case, the decisions are left solely up to you and your spouse.
A mediator will hear all of your concerns. Also, because you control the discussion, you will discuss all of the details you deem important.
What is a more comfortable place to discuss the intimate details of your marriage, a courtroom where everything is on record or a mediator’s office? It is much easier to talk about the issues at hand when you don’t have someone recording your every word. The mediation process makes a divorce as relaxing as it can be.
Courts are only open during normal business hours. So, you will have to take time off of work to litigate a divorce. This may add an unforeseen cost to your divorce. Mediators often have a more flexible schedule with meeting times during the evening and weekend hours.
Courtroom divorce proceedings can be downright ruthless. A mediator is much more likely to keep both parties calm and to work toward a resolution. The litigation process is all about getting a “win” while the mediation process is all about coming to an agreement.
The final ruling in a divorce decided by the courts isn’t necessarily final. Both sides can appeal a court’s decision. With mediation, there is no chance of an appeal. Also, if you would like to modify your agreement at some point in the future, your mediator can assist you through that process. Because your mediator already knows everything about your case and family they can help to quickly solve conflicts that may arise.
Howe and Garside Understand Mediation
As you can see, there are numerous benefits of having a mediator for your divorce case. The Law Offices of Howe and Garside understands how powerful of a tool mediation can be. Jeremy Howe is the president-elect of the Rhode Island Mediators Association. So, there is probably no one that understands the benefits more than him.
Unlike many other law firms, Howe and Garside has a mediator on staff. They are ready to help you solve all of the issues pertaining to your divorce. Coming to a fair and mutually beneficial agreement is the goal of Howe and Garside.
If you are considering a divorce contact Howe and Garside and learn all of your options. The attorneys at Howe and Garside are ready to use every tool at their disposal including mediation. However, they also understand that mediation doesn’t work for everyone. They are also ready to aggressive litigate your case if need be. The attorney’s at Howe and Garside will take any steps necessary to get you a fair agreement in your case.