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Mediation & Divorce: What You Need to Know

Getting divorced is a complex and emotional process, and sometimes you find yourself with completely different goals and intentions than those of your partner. Rather than taking your divorce to court and spending costly hours and emotions to resolve your differences, couples are now opting for a mediated divorce. In this blog, we’ll look at the mediation process and how it could help in your situation.

What Is Meditation Good For?

When a couple decides to get a divorce and each has their own goals and intentions in mind, it can be tough to come to an agreement over issues like custody, separation of assets, and division of debts. Mediation is often ordered – either by the agreement of the parties or the rules of the local court – to help parties attempt to reach a mutually agreeable resolution to their issues.

Essentially, this type of divorce involves a neutral third party. This person is trained in aiding couples through the divorce process and encourages them to come to their own resolutions. If conversations get too heated or one person’s attitude becomes inflexible, it’s the mediator’s job to shift everyone’s perspective back to that of compromise and agreeability.

How the Process Works

Often times a divorce can be completed in one session with a mediator. During this meeting, the mediator will meet with each party and their attorney individually in order to get an idea of the needs of each person. After gaining a clear understanding of the issues involved, the mediator will go back and forth with settlement arrangements until an agreement is obtained. This is called a Mediated Settlement Agreement and is a legally binding document.

Tips to Remember

Your mediator is not there to take sides or judge the situation. All too often, people will take their frustrations out on the mediator when really they are upset at their soon to be ex. Here is where the training and experience of your mediator will shine; he or she will be able to direct you back to a place of amicability and negotiation.

Mediation is often preferable to court proceedings for many reasons. First, mediation allows everyone to lay their cards on the table in a confidential setting where offers cannot be later used against them. Second, mediation allows each party to have a say in the resolution of the case. When a party is heard solely by the Court, each party is at the mercy of the judge’s discretion. Third, mediation can usually be set sooner than a hearing, allowing the parties to reach a resolution more quickly and – because time is money – often more inexpensively.

We understand that divorce can be difficult and you need someone to help you through it. If you are thinking about getting divorced and wonder if a mediation is possible, contact Hollwarth Law today at (903) 234-0711.

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