subject: Hire A Mediator And Save Tons Of Money [print this page] A court action must be filed to dissolve a marriage, in any case in areas where divorce is legal. Even so, it doesn't imply that couples need to undergo the conventional course of litigation in order to decide on the divorce terms. Quite a few married couples are turning to mediation today to iron out disagreements and negotiate the conditions of the split-up.
Mediation is a process under alternative dispute resolution (ADR) that involves both parties and an impartial third personcalled mediatorwho can facilitate the communication and resolution, promote understanding and voluntary accord and lead them towards a unanimous decision and amicable settlement but not impose or implement his own solution.
This procedure can be voluntarily decided on by all sides or referred to them by the court. Either way, mediation seeks to develop an impartial, legally acknowledged, and mutually satisfactory divorce arrangement.
Divorcing couples have become increasingly frustrated with too much expense and time delay associated with an overburdened trial system especially with the number of divorces mounting. They seek ways to have better control in determining the particulars of their divorces. In the same manner, the court system saw that it would be important to develop means of handling disputes outside the courtrooms so as to lessen the number of cases being tried, among other reasons. Thus, the increase in court-related mediation programs is not surprising.
Child custody disputes are required to go through mediation in almost every state. Most of the court systems in the country also provide services like education seminars for divorcing couples, conciliation services, early conflict intervention, community dispute resolution centers, and settlement conferences. Nowadays, mediation is the prevalent form of alternative dispute resolution for divorcing couples.
Because there is probably going to be a continuing relationship between the parties, especially for the sake of the children, mediation is essentially the best for divorces and family law proceedings. These partners usually find more satisfaction when they mediate compared to those who went to court. Furthermore, the couples adapt skills to aid in resolving future conflicts.
However the mediator might be unable to handle complex financial agreements involved with divorce settlements particularly if he or she is not a lawyer. This can be the reason for consulting with your lawyer before the mediation process commences and towards the end, prior to signing the documented agreement terms.
by: Janelle Elizabeth
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