Mediation may help couples going through divorce
In mediation, the spouses with the assistance of their attorneys use an independent third-party to help them address the difficult issues of their divorce.
February 09, 2013
Mediation may help couples going through divorceArticle provided by Vaught Law Firm, P.C.
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There are many reasons why a marriage may break down. When a married couple decides to end their relationship, it can be surprising how contentious a divorce can become. Issues that can be quickly resolved turn into costly and time-consuming legal battles, pitting the soon-to-be ex-spouses against one another. Individuals may find themselves spending a lot of emotional energy trying to get through the divorce as quickly as possible.
There are options available to divorcing couples if they wish to avoid a lengthy courtroom confrontation. Issues of child custody and property division can often prevent the spouses from being able to find such an agreement between one another. These couples may decide to use mediationto resolve their divorce.
In mediation, the spouses with the assistance of their attorneys use an independent third-party to help them address the difficult issues of their divorce. The parties may exchange proposals with one another until they find a solution that works for all sides. This allows the spouses to focus on the actual issues, and develop creative solutions to get around any roadblocks.
If the couple is able to come to an agreement, they can take away some of the uncertainty that may arise during the divorce process. If the matter goes to trial, the judge may order a child custody or property division agreement that could have a negative effect on one or both of the spouses.
Agreements made between the parties are much less likely to lead to problems in the future. Each spouse gets to say what is most important to him or her, and can then work with one another to try to ensure that each one will be able to spend as much time with the children as possible.
Collaborative law is another method that divorcing couples may use to try to find a conflict-free resolution. In collaborative law, each side has an attorney, and all of the parties commit to staying out of the courtroom. The parties work together to find solutions to child custody, visitation and property division issues. If the couple is unable to finalize an agreement, the attorneys representing each side will not be allowed to represent them at trial.
If mediation or collaborative law attempts do not resolve the differences, the divorce could then proceed into the courtroom, where anything can happen. Each side may prove to make things more difficult, which means that neither will be happy with the outcome.
If you are thinking of filing for divorce, speak to an experienced family law attorney about the options that may be available in your situation. This will allow you to have a better understanding about the choices that you have to make, and can allow you and your family to emerge from the divorce focused on finding a successful path for the future.