Before diving into the benefits of the mediated divorce, it is important to understand what and how of the process. Only then could the readers could appreciate the benefits of the process.
The basis of a divorce is an agreement between the spouses that highlight the division of assets and liabilities and childcare and custody. This agreement is often used by the court to come up with the final divorce decree. This decree usually lists the agreements with minor adjustments. However, in very rare case, the court dismisses this agreement and opts for a different issue.
When the matters are heated, it becomes difficult for the spouses to talk about the issues involved. Every time, the matter of division and arbitration is brought up, things quickly get out of hand and the discussion starts to drift off course. In these cases, there could be no productive outcome.
The final result is the very well known scenario of contested divorce. This is what many people mean when they discuss a court battle between spouses. Every detail about the lives of the spouses is discussed in open court. In contested divorces, the couple emerges with the short end of the stick because the court usually decides that the couple is unable to come to terms on important issues. This is why the court steps in and decides what is in the best interest of the spouses, children and property. In short, a contested divorce is an open invitation to outsider to step in and resolve issues that could be solved internally by the couple themselves.
The Process of Mediated Divorce
To avoid outsiders making decisions for the couple and to end the marriage on a friendlier note, it is important that the couple should understand the need of the day and make the decisions themselves.
Mediated divorce is the process that uses a neutral third party to achieve this objective. In many cases, the mediator is a trained negotiator who brings one single purpose to the table; agreement between the spouses. To achieve this all important objective, the mediator uses all the tricks in their arsenal.
The most important trick to resolve the deadlocks that many mediator use is to keep the conversation current and on the track. The problem with discussions is that they quickly degrade into name calling sessions that end with a fight. The mediator tries to restrict the discussion to the issue at hand with the result of an agreement eventually. The divorce still goes through but the court now has a mutually agreed document that details the couple’s suggestions about the various aspects of the divorce.
The Benefits of Mediated Divorce
The most important benefit of mediated divorce is a large saving in money. In several cases, this cost is even lower than uncontested divorces. Since there is no hefty document preparation or legal representation fees, it is easy to see that mediated divorce is the low cost alternative to the traditionally costly divorce system. Another costly effective aspect is the simple fact that there are no lengthy court appearances and related issues that could pad the final bill.
Since the discussion is directed by the couple and controlled by the mediator, the spouses are free to discuss the various aspects freely. In many cases, the mediator starts the discussion and let the spouses run with the ball. The result is a better and faster resolution of issues. The spouses receive personal attention from the mediator and thus are more involved in the discussion. In all cases, the spouses are forced to pay more attention to each other during the process.
The speed of the process is another important benefit that many people often ignore. Mediated divorce results in a quick divorce settlement simply because of the fact that the couple comes to terms with many issues and documents their decision in the appropriate legal format. Hence, the court has most of its work done by the couple themselves.
The resolution generated by the process is a confidential document known only to the couple and the mediator. This way, many of the personal aspect of the divorce remain a secret.
Mediated divorce is often the best way out for many couples who are stuck in a deadlock.
The basis of a divorce is an agreement between the spouses that highlight the division of assets and liabilities and childcare and custody. This agreement is often used by the court to come up with the final divorce decree. This decree usually lists the agreements with minor adjustments. However, in very rare case, the court dismisses this agreement and opts for a different issue.
When the matters are heated, it becomes difficult for the spouses to talk about the issues involved. Every time, the matter of division and arbitration is brought up, things quickly get out of hand and the discussion starts to drift off course. In these cases, there could be no productive outcome.
The final result is the very well known scenario of contested divorce. This is what many people mean when they discuss a court battle between spouses. Every detail about the lives of the spouses is discussed in open court. In contested divorces, the couple emerges with the short end of the stick because the court usually decides that the couple is unable to come to terms on important issues. This is why the court steps in and decides what is in the best interest of the spouses, children and property. In short, a contested divorce is an open invitation to outsider to step in and resolve issues that could be solved internally by the couple themselves.
The Process of Mediated Divorce
To avoid outsiders making decisions for the couple and to end the marriage on a friendlier note, it is important that the couple should understand the need of the day and make the decisions themselves.
Mediated divorce is the process that uses a neutral third party to achieve this objective. In many cases, the mediator is a trained negotiator who brings one single purpose to the table; agreement between the spouses. To achieve this all important objective, the mediator uses all the tricks in their arsenal.
The most important trick to resolve the deadlocks that many mediator use is to keep the conversation current and on the track. The problem with discussions is that they quickly degrade into name calling sessions that end with a fight. The mediator tries to restrict the discussion to the issue at hand with the result of an agreement eventually. The divorce still goes through but the court now has a mutually agreed document that details the couple’s suggestions about the various aspects of the divorce.
The Benefits of Mediated Divorce
The most important benefit of mediated divorce is a large saving in money. In several cases, this cost is even lower than uncontested divorces. Since there is no hefty document preparation or legal representation fees, it is easy to see that mediated divorce is the low cost alternative to the traditionally costly divorce system. Another costly effective aspect is the simple fact that there are no lengthy court appearances and related issues that could pad the final bill.
Since the discussion is directed by the couple and controlled by the mediator, the spouses are free to discuss the various aspects freely. In many cases, the mediator starts the discussion and let the spouses run with the ball. The result is a better and faster resolution of issues. The spouses receive personal attention from the mediator and thus are more involved in the discussion. In all cases, the spouses are forced to pay more attention to each other during the process.
The speed of the process is another important benefit that many people often ignore. Mediated divorce results in a quick divorce settlement simply because of the fact that the couple comes to terms with many issues and documents their decision in the appropriate legal format. Hence, the court has most of its work done by the couple themselves.
The resolution generated by the process is a confidential document known only to the couple and the mediator. This way, many of the personal aspect of the divorce remain a secret.
Mediated divorce is often the best way out for many couples who are stuck in a deadlock.