Divorce can be a messy affair for soon-to-be-ex-couples. You can expect the entire divorce process to be emotionally and even financially draining. It will take some time to finalize the entire process. If you are contemplating divorce, you should consult experienced divorce lawyers.
Conflicts and arguments can be inevitable while a divorce case is ongoing. Such conflicts may intensify especially when child support and custody, alimony, and asset and property distribution. These should be discussed and mutually agreed upon to finalize the divorce process.
In such cases, you might want to consider mediation to fix divorce disputes. Family lawyers may refer a mediator to work with the divorcing couple and facilitate the mediation. Here are some other things you need to know about mediation.
What is mediation?
For starters, mediation refers to a type of dispute resolution. It is usually applied in non-criminal cases including divorce. Aside from divorce, mediation is also used in disputes related to conflicts in contracts, employment, and business-related issues among a few.
In order for a mediation to work, both parties need to work collaboratively to settle the issue fair and square. Child support lawyers or spousal support lawyers can help you with your divorce-related legal concerns. But in this case, an experienced mediator should handle this kind of legal situation.
Is mediation the same as a collaborative divorce?
As mentioned, conflicts and arguments are very common during the divorce process. Some soon-to-be-ex-couples would fight tooth and nail so they will be granted child custody and financial support. The more unresolved conflicts they have, the longer the divorce process will be.
That is why it is important that couples work together if they want to speed up the divorce process. For one thing, undergoing a divorce can be very draining emotionally. Hiring the best divorce lawyers can also be financially exhausting.
It is also important to note that mediation is different from collaborative divorce. On the one hand, both aim to lessen or minimize confrontation and achieve favorable results for both sides. However, the two differ depending on your divorce situation.
Mediation requires a mediator who will serve as neutral personnel to help facilitate the divorce negotiations. The assigned mediator can be top-rated divorce lawyers or someone specially trained in legal mediations. A mediator will not give legal advice but will help come up with legal solutions that will work on both parties. At the same time, the mediator will help lessen the conflicts and ill feelings while the mediation is ongoing.
On the other hand, collaborative divorce requires special lawyers to handle the case. The primary objective of a collaborative divorce is to lessen tension during the divorce case. At the same time, both parties need to “collaborate” so that they won’t escalate in court. Otherwise, the attorney who had represented your case will be disqualified to represent you in court later on.
Nonetheless, mediation and collaborative divorce can help a lot in settling your case as amicably as possible. It also helps in handling your conflicts without necessarily ending up in court. At the end of the day, it’s up to both parties to make it work despite personal issues and adversities.
How to ensure a successful mediation process
In order for a mediation to succeed, both parties should be willing to cooperate with each other. Other than that, here are some things you need to remember to ensure a successful mediation process.
- Make sure that both parties are present during a mediation session. This will make the process easier and you will be able to voice out your concerns in person and vice versa.
- Learn to listen to the other party. You might be right, but the other party may have a point, too. Compromise may be necessary at this point as well.
- Be persuasive and avoid being demanding or argumentative. Be civil during the mediation as much as possible.
- Avoid bringing up your personal issues. As mentioned, be civil with the other party as much as possible.
Settling your divorce issues in a peaceful and civil way
Undergoing a divorce can be stressful especially if there are a lot of things to consider such as child support and alimony. Whether you like it or not, you will undergo this kind of situation.
It is up to you how you and your ex-spouse will work on how you are going to settle your divorce as less hassle and stressful as possible. You should also hire the best divorce lawyers in Fairfax VA to help you with the divorce process.