Mediation: Why Use Divorce Mediation?
Utilizing Divorce Mediation
As divorce becomes a more common occurrence in our society, the unfortunate reality that it could happen to you is unsettling. With a rising divorce rate, the way in which divorce is handled has had to evolve and adapt. Rather than a cut and dry procedure, there are many twists and turns necessary to see the separation through to completion.
For many people facing divorce, the idea of a knock-down, drag-out court case is the last thing they would like to do, but may not know of another way. That is where divorce mediation comes in. Mediation is a way for spouses, former spouses, and entire families to come to a solution without the bare knuckle brawl that can be a court proceeding. Here at Hildebrand Law, we are proud to provide divorce mediation services for couples and families in this situation. Today, we will take a quick look at what mediation is and how people facing divorce can use it to make their situation easier.
What is Divorce Mediation?
Divorce mediation is a way for two parties in a domestic separation to agree on terms of the divorce without a judge or court getting involved. Simply, it is coming to a resolution without going to court, which is often more than desirable for many involved in a divorce process. A mediation requires only the parties who are seeking divorce and a third party. Often, mediators come in the form of certified mediation professionals and lawyers.
Lawyers often make good mediators for several reasons. Not only are they trained and expected to be impartial in any case and present only facts, but they have no skin in the game when it comes to mediation. Mediating parties simply need someone who can listen and help them hammer out their problems without any unnecessary interference. It is a much more intimate setting, which allows the couple who is seeking a divorce or legal separation to be more comfortable and candid when determining the terms of a split.
Divorce Mediation over Divorce Proceedings
For many people, lawyering up is, in and of itself, too much to handle. Not only do you incur steep legal fees, nearly always charged hourly, but you also find yourself going through the mental and emotional gauntlet that are court proceedings. For many folks, they feel as though a lawyer may not be the best avenue through which they could share their wants and desired outcomes. It also means that the result of the divorce proceedings is handed down by a judge. This can mean that neither party is pleased with the ruling, causing them to attempt an out-of-court modification or another auxiliary legal avenue.
Mediation presents an option for a divorcing couple to find common ground and get as close to the desired outcome as possible. Yes, mediation is based on the idea that compromise will occur. However, it allows the parties to come to the compromise themselves, rather than being at the mercy of another party. The mediator is also a draw for the couple, as this is someone who does not pass judgment on their case and instead offers advice when necessary. Mediators are essentially conversation conduits, giving those in need of an outlet and, occasionally, a referee the option.
The fees are also a draw. As mentioned, legal fees for court proceedings can rack up quickly. From travel to expenses to countless hours of preparation, the cost will take even the most financially stable for a loop. With a mediator, the costs, while still not cheap, will be far less than court proceedings and other legal fees would cost. Mediators often charge a flat fee for their services or an hourly fee for a set amount of hours per session. This, in conjunction with the ability to have a say in the outcome of the case, is enough to draw most folks towards mediation.
Divorce mediation is a valuable tool for couples going through this difficult and time-consuming process. Rather than facing it alone, trust the team at Hildebrand Law. We provide divorce mediation and other family law services for Arizona residents in need. Don’t hesitate, give us a call and find out how we can best help you today.
If you are going through the process of divorce, considering mediation to come to a resolution can be beneficial for every party. Call us today.