DIVORCE MEDIATION, HOW IT WORKS - BENEFITS - NOT FOR EVERYONE - VIDEO #39 (2021)

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Tutorial video in series of DIY divorce videos. This video explains how divorce mediation works and provides tips on how to mediate.

In mediation, Husband and Wife hire one neutral mediator. The mediator is typically a divorce lawyer. The mediator does not have to be a lawyer. The mediator can be a therapist or anyone else that has experience mediating disputes. Sometimes a mutual friend can act as a mediator. If you are going to mediate, it is best to use a divorce lawyer because the lawyer is going to be familiar with divorce laws and court procedures.

The role of the mediator is to help the parties reach agreements on all issues including division of property and debts, custody, and support. The mediator identifies issues for discussion, assists with the exchange of information and documents, educates the parties regarding the law, and suggests settlement alternatives.

Once a settlement agreement is reached, the mediator will typically draft a Marital Settlement Agreement, the Judgment of Dissolution, and all of the court forms that are needed to process the matter as an uncontested dissolution.

You can use a mediator to help you reach an agreement on all issues or, if you and your spouse are able to agree on most issues, then you can use a mediator to help you with only one or two difficult issues.

It will probably help if you talk with your spouse in advance of the mediation. See what issues you can agree upon. Don’t spend money on a mediator for issues you are able to agree upon on your own. Fill out your Preliminary Declaration of Disclosure documents and exchange copies with your spouse before you begin mediation. If you have those disclosure documents drafted in advance and bring them with you to the first mediation session, that will save you time and money. Finally, watch our “Getting Educated” videos before you start the mediation process. This will keep your costs mediation costs down because you will already be informed on the law.

A mediator is not an advocate for either party. The mediator is impartial.

In mediation, the mediator has no power to decide disputed issues. Issues get resolved by mutual agreement of the parties.

At anytime, either party can immediately stop the mediation process.

Some parties participating in mediation will hire a consulting lawyer on the side.

When the parties use mediation, they are typically splitting the cost of one lawyer (the mediator), instead of paying for two lawyers. In addition, the goal of the mediator is to assist the parties in reaching an expeditious global settlement (as opposed to two contentious lawyers possibly escalating conflicts and fees).

Confidentiality is one of the benefits of mediation. Divorce litigation at the courthouse is open to the public.

In mediation, the parties control the process in many ways.

In mediation, you are always present during the negotiations. The parties meet with the mediator together. Everyone is usually copied on all communications. In litigation, parties are not always directly involved in the settlement process.

One of the main goals of mediation is to reduce conflict by encouraging parties to work with one another to reach fair settlements. It is better for children to know that their parents are working with one another in mediation to negotiate a mutually acceptable settlement, rather than to believe their parents are using their lawyers to battle each other in court.

Mediation is not appropriate for everyone. If one or both parties are dishonest and will attempt to conceal assets and income, then the parties should be represented by independent lawyers that can subpoena records, take depositions, and propound discovery in order to flush out assets and income. Mediation is not appropriate where there is a history of domestic violence because one spouse may coerce and intimidate the other spouse into an unfair settlement.

Видео DIVORCE MEDIATION, HOW IT WORKS - BENEFITS - NOT FOR EVERYONE - VIDEO #39 (2021) канала Free Divorce