Law

When To Call A Divorce Mediator?

Agent advises the couple, signing documents

Despite the high rate of divorce in the USA, many people do not know about divorce mediation. The divorce mediators have well-merited reputation of a sensible substitute to fight the divorce case in court. There are some misconceptions in the minds of people about divorce mediators which must be clarified.

Many couples seek divorce and are prudent enough to solve their issues on their own. Such couples do not need a divorce mediator. They only need a lawyer who can legalize their divorce process. Mediators are meant to resolve disputes, which the couples are not able to settle by themselves. If you have also resolved your division of assets, time of parenting, custody issues, etc., you can straightaway head to the court for the approval of a judge.

How are mediators helpful

Mediators are not counselors or marriage guides, who are there to handle your emotions and relationship. The mediator is meant to resolve issues such as:

  • Division of assets and liabilities
  • Custody of children
  • Child support and maintenance
  • Taxes
  • Retirement

This is just a way of avoiding costly process of legal proceedings involved in divorce. It prevents time, money, and stress if you hire a lawyer to file a suit and process the divorce.

Are you the winner or the loser?

When the mediation ends, you must feel that you neither won nor lost. On the contrary, you came to a reasonable and fair arrangement, which is wise for both of you. Simply stated, it is a process of working out a fair compromise.

Advantages of hiring a divorce mediator

Mediation helps you to reduce anger, misunderstandings, and tension and enhance communication between the partners. It is important to communicate when you want to reach an agreement. Moreover, it becomes even more important to talk amicably if the children are involved. You may have to talk in future about their upbringing and care for the next few years.

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Mediation for children

Some divorce mediators offer the services for children’s mediation too. After the age of six years, children are able to communicate their feelings to someone who does not belong to the family. Once they talk their heart out, they can overcome the concerns of abandonment, sadness, anger, etc. and they can behave like children of their age again.

Do you require a solicitor?

You will require a solicitor even after mediation. If you feel that you require more knowledge about the law about where your divorce case stands legally, you might need to consult a solicitor during or after the process of mediation. Your divorce may be challenged in the court if you do not legalize your divorce. You must obtain an order from court regarding your divorce no matter how tired you are of the mediation process.

How much does it cost?

The mediators charge differently for each case, but the usual average is about $250-$350 for an hour. It may take you 3-4 sessions of 60-90 minutes to reach a conclusion. If you do not earn much, you may qualify for Community Legal Service or CLS funding. This was earlier known as Legal aid. In case you are already a recipient of this funding, then you can try mediation.

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