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The Principles of Divorce Mediation
A divorce can be a difficult experience under any circumstances, but one carried out on an adversarial basis can be particularly traumatic. Divorce mediation is an alternative for couples trying to maintain control of the issues related to their separation. Many lawyers and law firms provide divorce mediation as one of their legal services.
The Complexities of a Legal Separation
There are many personal and legal issues that need to be resolved in the wake of a divorce. These include the distribution of property and other assets, alimony and the payment of taxes and other debts. If children are involved, their custody and financial support and the visitation rights of both parents have to be worked out.
In a divorce mediation, the two principal parties are given the opportunity to negotiate these and other issues in the presence of a neutral third party. Though not providing legal advice, the mediator can help the couple discuss their differences in a controlled setting.
Some issues may be easily negotiated by the couple on their own. In discussing more difficult items, such as child custody, the mediator can intervene in order to prevent the conversation from becoming sidetracked onto things that can cloud the underlying issue. A mediator is the person who can keep the conversation focused on what is important and prevent it from getting out of hand.
Advantages of Divorce Mediation
A divorce mediation is both flexible and confidential. This differs from a divorce court, where the proceedings are conducted on a specific schedule and the findings are available for public scrutiny. A mediation is also voluntary, and will only continue with the consent of both parties and the mediator.
Mediations can be conducted on a schedule that satisfies every party, whether the meetings are conducted once a month, once a week or once every two weeks. The time that is spent on each issue is also up to the participants, and may be based on either its legal or its perceived importance. It is the mediator who can help formulate ideas that can result in long-term agreements on these various issues.
A divorce mediation normally involves at least four but no more than 10 sessions, and many couples will find that every one of them was well worth the time and costs involved. If you have separated from your spouse, contact the Kossack Law Firm for an divorce mediation. Ronald L Kossack can help clean up what might otherwise be a messy separation.