It’s unfortunate, but some married couples split up despite loving each other for a long time. Worse, divorce and separation proceedings take too long, and children are caught in the middle, especially if the parents are in a bad spot. The good news is that it doesn’t have to be this way, thanks to divorce mediation.
Divorce mediation is a standoff resolution process in which lawyers, judges and courtrooms are not used. Instead, the mediator does their best to help you and your spouse reach a mutual agreement. Sometimes those decisions include custody, parenting time, property division, and spousal support. Mediators aren’t lawyers, and they aren’t paid except by you.
Not many people know how divorce mediation works, so we’ll answer some of the most common questions surrounding it.
#1 – How Long Does It Usually Take?
Divorce mediation is much quicker, usually taking about six months or less. The process begins when a couple signs a contract to have a mediator support them through their divorce. Then, the couple meets with the mediator and works together on an agreement. Once a divorce agreement is reached, the divorce is finalized, and the mediator won’t be paid until the agreement is signed.
However, there are times when the process could take up to a year. This can occur when a spouse or a couple needs more time to put their lives back together. Besides that, not many things can affect how long the divorce mediation process takes.
#2 – Does the Mediator Make All the Decisions?
Many believe that the mediator makes all the decisions during divorce mediation, but this isn’t the case. The mediator’s job is to help the couple reach an agreement, but in the end, the spouse and the couple are the ones who make the final decisions.
They tell the mediator what they’re willing to do, and the mediator helps them understand the consequences of their decisions. The mediator doesn’t try to convince the couple to listen to what they think is the best option. The mediator’s job is not to be biased; they only get paid when the couple reaches an agreement.
#3 – Should a Lawyer Be Involved?
While lawyers aren’t involved for most of a divorce mediation process, they get involved near the end because the spouse and the couple need to finalize the payments and the divorce agreement.
If a couple doesn’t have a lawyer present, the mediator will help them draft a divorce agreement. If a couple already has a lawyer, the lawyer will usually help them with the process.
There are advantages and disadvantages to having a lawyer involved. The advantage is that the divorce process will go much smoother. The burden is that the divorce process can take longer and cost more.
#4 – Will It Work for a Couple without Assets or Businesses?
Divorce mediation works for any couple, whether they have assets, businesses, property or other valuable things. The only difference is that a couple without assets or businesses would not require intricate negotiations.
Not only that, but this kind of divorce agreement is much more affordable to the couple because, without the lawyers and the court fees, it’s a less expensive process.
#5 – Is There a Chance That the Other Party Won’t Be Protected?
If you’re the type of person who still cares about their partner despite the impending split, you’d be pleased to know that the mediator will ensure that both parties are protected and that neither of the divorcing parties is left out in the cold.
This is accomplished through the divorce agreement. The mediator helps the divorcing couple draft an agreement to protect them during the divorce and ensure they have assistance with their new lives.
Conclusion
Divorce mediation is a faster, more accessible, and more affordable approach for couples willing to work things out. It helps couples avoid the stress and trauma of a traditional divorce and turns the process into a productive way of moving from the marriage. All that matters is finding the right mediator to ensure the process will go smoothly.
If you’re looking for a divorce lawyer, Dreyer and Associates Lawyers LLP can help you! Our legal experts have experience in various aspects of family law, so we guarantee you’ll get rights as a parent. Simply go to our website to book a consultation!
