Divorce:  Is Mediation the Answer?

Mediation is an alternative to going to a lawyer to get divorced. Mediation is becoming increasingly popular with families, as it is generally quicker, especially if the couple has already worked out most of their problems, and can come to a decision without a lot of dispute. Mediators keep both parties focused so they can address the issues of their divorce quicker and more amicably. It is not vital that either party be on speaking terms in order to use a mediator.

Mediation:  Deciding Your Own Fate

Another reason mediation is often a good option, is because the couples decide their own fate, with regard to possessions, property and custody of children. Which is sometimes better than putting faith in the judicial system, in most cases mediation will be fairer on both parties and is likely to cost a lot less.

Mediation is all about working together to come to a fair and reasonable outcome. If children are involved, by using the mediation process rather than lengthy court battles children are less likely to be harmed mentally in the process.

Concluding the Mediation Process

When each issue of the divorce has been resolved, the mediator will write down the details and prepare a draft of the Mandatory Settlement Agreement. Each spouse will then take a copy of this document and give it to their lawyer for review. Once all parties are in agreement the final Mandatory Settlement Agreement will be made up and signed by both parties, then the document will be filed with the court, to become official.

Although mediation is often cheaper and faster, it in no way means that the process of divorce is short easy or cheap. A mediator will usually save between 20-40% off the cost of a lawyer. When choosing a mediator for a divorce, it is vital to make sure they comply with the standards of practice set out by the Association of Family and Conciliation Courts.

Finding a Capable Attorney - Mediator

In this day and age, many attorneys have been trained in mediation.  Therefore, if you are facing a divorce or some other similar type of case, you might want to consider hiring a lawyer that has experience in mediation.  (In some jurisdictions in the United States today some judged actually require at least part of a divorce case to be decided through mediation.)

An attorney - mediator will have undertaken special training and will have received special certification after he or she has completed a mediation course.

The Internet can be a helpful source of information for a person looking to find a lawyer.  There are attorney search sites that provide information about attorneys, including whether or not a particular lawyer is certified in mediation.