Should I Try Mediation Before Divorce?
Are you considering a divorce? Are you starting the divorce process or in the middle of a divorce? There are plenty of reasons why you should consult a mediator before signing or agreeing to anything. Ten of the biggest reasons are listed below.
DIY divorces where the parties complete all the paperwork are becoming more popular as they seem less costly. And they often are if you get everything right on the first try. However, many people without any legal training struggle with this. Mediators can help with this by issuing a Memorandum of Understanding (MoU), which outlines the divorce agreement that you reach. An attorney can then convert the MoU to a legal document and submit it to the court so you can be assured everything is filed in the correct manner.
One of the critical aspects of mediation is that both sides are allowed time to be heard and speak. A mediator can examine situations in a way the Judge may not have time to do so.
The price of divorce varies between is inevitably high but, mediation lowers expenses as they are less costly than attorneys and costs are shared between both parties.
Children’s Exposure to Conflict is Minimized
For many people, their children’s trauma during divorce is heartbreaking. In-person or online counseling (especially now, during the COVID-19 pandemic) can help immensely with this. Remember mediation means children aren’t required to appear in a courtroom or be interviewed by numerous professionals.
When you appear in court, you and your lawyer will need to argue your case against everyone present. Most people find the process of discussing their lives in a roomful of strangers quite dreadful.
Mediators are generally able to help divorcing parties reach agreements a lot faster than attorneys engaged in back-and-forth legal proceedings. The fact that you’re not dependent on the court’s schedule and a judge’s calendar of appointments can make the process even faster.
You have more say over the agreements reached during mediation and are under no legal obligation to follow the rulings of a judge. The process is also a lot less adversarial, and mediators can raise points that lawyers may not be able to propose. You and your spouse should feel more comfortable bringing up different issues and coming to solutions.
Using divorce mediation doesn’t mean fully rule out the option of going to court. If it becomes evident it may be the best course of action, you can still choose that option. Whatever happened with the mediator stays confidential, so both sides start anew in front of a judge.
Even if you don’t end up in court, you can still consult your attorney during mediation. Professional, respected mediators will usually be able to point you in the direction of a mediation-friendly lawyer.
Mediation Builds Positive Emotions
Eventually, life will go on and return to a new (often much healthier) normal after a divorce. What happens during the proceedings will set the table for what that new normal will be like, so it makes sense to try and build on positive emotions. You will find it liberating to examine your ex-partner’s admirable traits, as they will be encouraged to do with you. This helps foster positive approaches between you, which can keep life after divorce far more stable.
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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]
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We have a network of Arizona attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control. Call today for an initial consultation at 480-744-7711 or [email protected]