2/21/2018

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Divorce Mediation

With the number of divorces increasing at such a staggering rate over the past few years, groups of mediation organizations have been formed to help arbitrate settlements and to help stem the overload of divorce cases in courts around the country.

A mediators does not necessarily have to be an attorney, but should have sufficient knowledge of divorce and property rights laws to help arbitrate the interests of the divorcing parties.

In a mediation setting, both parties have to agree to commit themselves to reaching a settlement, thereby avoiding as much court involvement as possible, which reduces the overall expenses that would normally be incurred.

Mediation is good for both spouses because it eliminates, in most cases, the need for separate attorneys. The mediator defines, explains, and takes into consideration the legal ramifications of a divorce, then oversees an equitable and fair settlement between the parties.

As a hired consultant, the mediator is paid jointly by both parties to help work out a clear and agreeable solution involving issues that are within his or her expertise.

Since neither party in the arbitration is represented by an on site attorney, if there is an issue that the mediator cannot work out, both parties are then advised to seek council from an attorney of their chosing.

The mediator takes into consideration many points in question that may need to be resolved before the divorce is finalized. They work on child custody and support issues, visitation rights, education and health care, alimony payments, and division of property and other marital assets.

The mediator, as some point, will make recommendations based on information provided by both spouses. At that point, if both parties agree, the mediator may then record the agreement.

If no agreement can be reached, the parties will then have to look for an alternative solution, which may mean a protracted battle court battle, involving representation by each of their own attorneys and a final decision made by a judge.

The down side to using mediation is that, if an agreement is not met, both parties will end up having to pay for attorney's anyway, and still have to pay the costs for the services of the mediator.

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