Some experts believe the stress of divorce is second only to the death of a spouse. For most people, divorce marks the end of a relationship which was intended to last a lifetime. Mediation is a process that allows parties to lessen the stress of their divorce and empowers couples to end their relationship with dignity and while maintaining decision making control. No divorce is painless, but mediation can be a good first step to a manageable and bearable conclusion.
What Is Mediation?
Mediation is an alternate dispute resolution process in which an impartial third party, the mediator, facilitates negotiations among the parties to help them reach a mutually acceptable settlement. The major distinction between mediation and arbitration is that, unlike an arbitrator, a mediator does not decide the outcome of the case.
Through the help of a mediator, a couple can avoid the emotional turmoil and cost of litigation. Maria A. Giammona Law, LLC provides mediation services that tend to the specific needs of the couple. Considering this alternative is a great first step. Contact Maria A. Giammona Law, LLC for a consultation to discuss how mediation can benefit you.
Marital Issues and Divorce Mediation
Mediation functions to provide the same conclusion as a court trial at a fraction of the cost and with a significantly lesser impact on the family. In mediation, instead of submitting divorce issues to the Court for a decision, you maintain decision making power. With a mediator facilitating constructive negotiations, a couple will address topics like alimony, division of marital property, child support, child custody, and anything else pertinent to the marriage. Once completed, the mediator will draft a Separation Agreement detailing the terms.
Preparation for Divorce Mediation
In the litigation process, parties will typically serve what is called “discovery,” which are written demands for financial information or documentation so as to obtain information concerning marital assets, income and property. This process can be expensive and time-consuming. In mediation, the parties can informally exchange all relevant financial information to each other during the mediation process, avoiding the cost of formal discovery altogether. Because a couple has already decided to mediate their separation and divorce, they can organize their financials together before the process commences. Also, each party should prepare their list of concerns about the future, no matter how sensitive. It is important that each party sign the Settlement Agreement with all concerns fully addressed.
How Long Does Mediation Take?
Unlike litigation, there is no time limit or constraint put on the couple to resolve the matter in a predetermined time period. The process takes as long as the couple needs. Some couples can resolve their issues in a session. Others may need more time to discuss complex matters. There is no pressure to resolve the contested issues in a certain number of sessions. When the couple believes that they are ready to divorce, the sessions can stop and the mediator can draft the contract.
Contact an Experienced Passaic County Divorce Mediator
If you can come together to discuss the terms of your divorce, mediation may be a good option. Mediation is a way to control your future, save time and money, and come to an amicable conclusion. Mediation helps families mitigate the impact of the divorce on the children by forging a new relationship centered on cooperation, providing a model for the family on how to resolve disputes. If you are interested in finding out more about the mediation process, contact Maria A. Giammona Law, LLC. We are ready to guide you through the process.
What Are the Benefits of Mediation?
Mediation provides more control to the couple. The process is confidential and voluntary. It is also quicker and more cost-efficient than litigation. Possibly the greatest benefit is the model for resolving disputes put forth by parents to their children.
Mediation Provides Control
One significant benefit to mediation is the control a couple retains over not only their divorce but their future. When people have control over the future of marital issues, the conclusion is often easier to bear. When a court decides the fate of contested issues, the judgment may feel arbitrary and unjust to one or both parties. Working through the issues outside of court, a couple can come to an agreement over marital issues, including property division, alimony, child support, and child custody and do so with a conclusion that feels right. Moreover, the parties control the scheduling of their mediation sessions, rather than be subject to the Court’s schedule in the litigation process.
Mediation Is Confidential
The success of mediation is based on mutual respect and confidentiality. These are private negotiations. Nothing can leave the room unless agreed by the couple in writing. Statements and communications may not be used in other forums. This allows for a more open and honest discussion without the fear of one’s words being used against them in court down the line.
Mediation Is a Faster and Cheaper Process
Mediation is much faster and cheaper than litigation. The process can begin within a few days of the initial meeting and can conclude within a month to a few months after beginning. The most important factor that determines the length of mediation is the number of issues that need to be addressed.
Mediation is also cheaper. Divorce matters that are litigated in Court are expensive. As they drag on, attorney fees and court fees grow. The more complicated the divorce issues, the more money it takes to come to the same conclusion as mediation.