Will Mediation Work for Us?
The word “divorce” brings a number of unpleasant images to mind: people crying, court rooms with lawyers and screaming former spouses.
However, it doesn’t have to be that way. Divorce mediation is a process that can help couples handle their separation in a calm and rational manner.
What is Mediation?
Mediation is what’s known as a cooperative problem solving process. An impartial professional sits down with the former spouses and helps them define the issues at stake in a way that is clear and easily understood.
Once the issues have been defined, the mediator works with the couple to solve the dispute and reach an agreement that is in the best interest of all family members. The mediator ensures that everyone has a chance to make his or her voice heard. He or she will only discuss one issue at a time. Then, the mediator will help the participants explore all options to solve the problem.
The mediator will either develop a strategy or make suggestions. However, whatever the solution is, the mediator can’t enforce it. It is up to the couple to adhere to the agreement.
That being said, the couple may choose to file it in court as a legal contract. If the agreement settled up during the mediation contract is incorporated into a court order or divorce decree, then it becomes legally binding.
When Mediation Works Best
Mediation works best in situations where there is conflict, though both parties wish to reduce it and to come to an amicable understanding. Couples going through a divorce, especially if they have children, have found mediation useful.
These couples have taken part in the mediation process in order to reach a solution for custody arrangements, the division of property and financial arrangements.
When Mediation Isn’t the Solution
Do not enter mediation proceedings if you believe that they are going to help reunite you with your former spouse. Mediation isn’t marriage counseling – it’s a way to reach an agreement in a dispute.
Furthermore, if you or your spouse suffers from mental illness or substance abuse problems, mediation is not the way to go. Also, if you or your spouse has engaged in domestic or child abuse, mediation will not be a good tool to help you resolve your problems. In these cases, discuss alternate methods of dispute resolution with your lawyer.
Fine & Associates: Your Experts in Family and Divorce Law
Are you going through a divorce and want to avoid acrimony and drama? Call Fine & Associates today at (416) 650-1300. Our experienced legal professionals offer mediation and arbitration services. You and your ex-spouse need never set foot in a courtroom.
We have over 20 years of experience helping families resolve their issues amicably. When you call Fine & Associates, rest assured that we treat you with the respect and courtesy you deserve. Our lawyers are with you every step of the way and will answer any question that you have. Divorce doesn’t have to be difficult with Fine & Associates.