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Find Divorce Mediation Law Lawyer

Find Divorce Mediation Law Lawyer

Divorce Mediation Law

In legal terms, mediation is defined as a process that uses a professional third party to help facilitate the negotiation of certain disputes and conflicts. Mediation is common practice in family law used to discuss issues in a divorce. Divorce mediation sessions typically take place in an informal office setting, although you may be able to participate in mediation sessions virtually. The mediator, a trained, neutral third-party, can assist in resolving issues in a divorce such as child custody, child support and property division. In this article, we will address some of the most common benefits of divorce mediation as well as learn more about important points to keep in mind regarding the process.

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Zentz & Roberts, P.C

6 years in practice
Adoption, Child Custody, Child Support, Contested Divorce, Criminal Trials and Juries
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Law Office Of Vernon C Tucker

11 years in practice
Adoption, Alimony, Child Custody, Child Support, Contested Divorce
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Divorce With a Plan

2 years in practice
Contested Divorce, Divorce & Family Law, Divorce Law, Divorce Mediation Law
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Van Wyhe Law Firm, PLC

9 years in practice
Adoption, Alimony, Child Custody, Child Support, Contested Divorce
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Cantor Law Group

33 years in practice
Adoption, Alimony, Child Custody, Child Support, Contested Divorce
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Law Office Of Bryan Fagan

11 years in practice
Adoption, Advance Healthcare Directives, Alimony, At-Fault Divorce, Child Custody
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Advantages of Divorce Mediation

Divorce can be complicated. DIY divorce, or a divorce done without the help or supervision of a professional, may seem intimidating or uncomfortable to many couples. This is why working with a mediator can help relieve a lot of the stress and tension of a divorce. In most cases, it is generally advised to try mediation first before resorting to other methods of divorce, such as a litigated divorce through attorneys.

Here are a few more major benefits of divorce mediation.

Cost efficiency: Mediation is usually much less expensive than formal litigation. The average cost of litigated diforce is over $20,000. On the other hand, mediation typically costs between $6,000 and $7,000.

Freedom: Resolving a divorce through mediation offers a sense of freedom that is much more difficult to achieve in divorce litigation. It allows you and your spouse to come up with independent solutions without heavily relying on judgements or legal principles.

Speed: Divorce litigation is no exception to the fact that legal processes can be incredibly time-consuming. After all, family court judges typically deal with hundreds of divorce cases at a time. Mediation allows your divorce to move along quickly without litigation-related delays.

Decreased tension: Involving an attorney in the dissolution of a marriage may lead to tension between you and your spouse. Mediation keeps the tone relatively lighthearted and informal, which can minimize conflict between you and your spouse.

When Divorce Mediation May Not Work

While mediation comes with plenty of substantial benefits, it is not a one-size-fits-all solution to divorce. The process also has a number of significant disadvantages that should be addressed. Here are a few instances that might signify that mediation is not the best option for you and your family.

Your spouse is untrustworthy: mediation is about putting all of the cards on the table to find the solution that best suits all of the parties involved. If you suspect that your spouse may lie about important facts or hide significant assets, divorce litigation might be your best bet.

Your fear for your children’s safety or are experiencing domestic abuse: Domestic abuse and child abuse are serious issues that should be handled by a lawyer or other qualified entity. Moreover, abusive relationships may result in an unbalanced power dynamic that can make mediation inefficient.

You are in need of professional, legal advice: While most mediators are typically aware of relevant divorce law in your jurisdiction, most of them are not qualified lawyers and therefore are not able to provide legal advice. If you are seeking legal advice but you still want to proceed with mediation, you can still consult with a licensed attorney alongside your mediation sessions.

Seeking Legal Support

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Divorce Mediation Law Frequently Asked Questions

1. What is divorce mediation?

Divorce mediation is an alternative to a long, drawn-out court battle over key issues of a divorce. During mediation, both partners allow a third party, known as the mediator, to referee contested issues such as property division, child custody, or spousal support. 

2. How much does mediation cost?

Mediators usually charge by the hour and split the cost between the parties. A mediator can charge between $100 and $500 per hour with the total cost landing somewhere between $3,000 and $8,000. This does not include any external costs such as the fee for an attorney to represent a spouse during mediation.

3. How long does mediation take?

There are three factors that determine how long mediation takes: money, availability, and willingness to negotiate. Depending on the respective levels of these resources, mediation may be concluded in a few days or a few months. 

First, mediation may end if neither party is able to continue to pay the mediator. This may mean that both parties rush to conclude mediation, or that one party drags out the proceedings in order to force the divorce into court. Additionally, mediation could only last a few hours in total, but if one spouse or the other is unavailable, those few hours could be spaced weeks apart. Finally, mediation can be extended almost indefinitely if neither party is willing to compromise. A mediator does not have the authority to force anyone to do anything. Therefore, if one party refuses to compromise on an issue, the mediation can drag on with fruitless negotiations, or the mediator may declare that further mediation would be pointless.

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