Divorce is never an easy process. Those who have been through the painful procedure, and mediation attorneys who work through the process with clients, know this. But collaborative mediation can make divorce easier to bear.
The reality for married couples that have decided to get divorced is that there will be issues that are going to have to be resolved. The fact that their relationship is likely irreconcilable won’t make it any easier.
So how could an Alpharetta collaborative divorce attorney make the process easier for you?
The Value of Mediation when Negotiating a Divorce Settlement
Mediation attorneys are impartial and remain completely neutral while helping couples agree to a divorce settlement. Essentially they act as facilitators, enabling the divorcing couple to agree on what’s best for both of them and for the children (if there are any.)
A confidential process that has no public record, what happens during mediation sessions cannot be used in a court of law, even if the process breaks down and leads to litigation. Presuming it is successful mediation enables couples to control the divorce process, rather than an impartial judge who has no interest in the family. This means that rather than having a solution thrust on you by a judge who is guided by rigid legal principles, mediation focuses on what is considered fair by the people involved – you and your soon to be ex-spouse and children.
Most mediation attorneys find that divorce mediation does work, and they are able to help their clients reach a settlement. The only time it is generally considered undesirable is when there has been domestic violence or abuse.
Above all, mediation costs a lot less than a court trial would cost, and it alleviates a tremendous amount of stress.
How the Mediation Process Works
The first step in mediation is for both parties to agree that this is the preferable process to follow. Then, having chosen a mediation attorney, the couple will have to provide information required by the attorney to get the ball rolling.
While the first meeting will usually be with both parties – and possibly their attorneys – thereafter the husband and wife might meet with the mediator separately. Apart from anything else, this helps to make the couple feel more comfortable because they can express themselves privately, without their spouse around. Thereafter, the mediator will usually suggest they all meet together if he or she thinks that would be a good idea.
While divorce attorneys do sometimes get involved in mediation, backing up their clients’ legal needs and supporting them during the mediation process, this is not the norm. Working with mediation attorneys on their own cuts down on the legal fees additional divorce attorneys would result in.
Ultimately, mediation attorneys are qualified to help divorcing couples work out the best agreement for all parties. But it does take cooperation and the ability to compromise.
Once the settlement agreement has been determined, the mediator (or a divorce attorney) will file in court. Because settlement has already been agreed to by both parties, essentially all the judge has to do is rubber stamp the document. Then it’s up to the couple to keep to the agreement.
If you need an Alpharetta collaborative divorce attorney to mediate and help with your divorce settlement, our mediation attorneys are ready for your call.