No matter what anyone else tells you, divorce is hard. The legal process of terminating a marriage can be emotional and challenging for anyone. No matter how rational or amicable you may be, coming to terms with closing a chapter of your life could cause confusing emotions to arise as you make some of the most important (and arguably, most life-changing) legal decisions in your lifetime.
Most conflicts arise from unrealistic demands and ideals from either party. Though most people have heard of mediation, many are uncertain that mediation will actually provide progress for their particular family law issue. In most cases, mediation is the most beneficial process to reach a satisfactory conclusion. In others, litigation will be necessary.
To determine if mediation is right for your family, take note of the following legal insights.
Understand the Pros of Mediation
There are seemingly endless positives to mediation. In terms of divorce or family law, mediation can be ideal for two rational adults who simply want to come to a collaborative decision regarding the issues pertaining to the termination of their marriage.
Benefits can include:
- Affordable alternative to litigation
- Allows parties to come to a mutual and collaborative decision
- Allows parties to come to an agreement in a non-confrontational setting
- Minimizes courtroom involvement or completely eliminates courtroom appearances
Understand the Cons of Mediation
Despite the overwhelming amount of pros, there are some cons to mediation. In some cases, some people can think that mediation is too good to be true. What may have started out as a creative and collaborative legal process can end up in a contentious battle. The last thing you want during a family law mediation matter is to feel like you have been given an ultimatum.
If a couple cannot reach common ground, the couple may end up going in circles around major issues and make no progress at all. Even if an agreement is made through mediation, the agreement will still need to be approved and enforced by the courts. If the agreement is not court approved, the mediation process may start all over again, resulting in other problems of its own.
Draft a Mediation Rules Agreement
Seeing where potential problems may arise and preventing the problems from causing unnecessary bitterness or dispute can prove to be invaluable in a family law matter. Taking the time to sit down with your spouse (or former spouse) and outline a basic agreement can provide the tone and framework for the entire process. Taking small, preventative measures can make all the difference in a family law matter and help every member of the family reach a clear resolution.
Try Standing in Your Child's Shoes
Family law courts across the nation work and act under the presumption of what is in the best interests of any minor children involved in a marriage. Without a doubt, divorce can be an emotional process, and sometimes the spouses who are seeking divorce get wrapped up in their own process that they forget about how their children play in to every aspect of every legal decision that must be made. Take the time to think about how your children can benefit from a mediated case outside the court. The results could enhance their well-being and their emotional, psychological, and physical development.
Always Work Towards a Resolution – Not Backwards
With the help of a skilled and experienced family law attorney, you can resolve your family law or divorce matter through the process of mediation. Any type of divorce or family law issue can be incredibly sensitive and it will be crucial to speak with a family lawyer in your area. Only a legal professional who has handled cases similar to yours in the past can offer effective legal counsel that can keep you and your family's best interests in mind and help your case move forward swiftly.
Contact a family law attorney in your community and make certain that your rights are protected in the way that you want them to be.