Divorce Mediation & Alternative Dispute Resolution - Alternative Dispute Resolution

How to Use Mediation in Divorce Legal Divorce Mediation

Alternative dispute resolution is a good alternative to hiring an attorney and resolving problems in front of a judge. Couples who use divorce mediation and mediation services are generally more satisfied with agreements they have made. Also, these results can usually be achieved with less cost and more quickly.

There are several reasons why conflict resolution through mediation can be more effective than going to court. Couples who create an agreement in mediation are more likely to adhere to the terms of the agreement. If children are involved, the couples usually have a better idea of what will work than a judge would. When couples mediate, they are assisted in the process by an impartial third person who helps them reach an agreement. This third person or "mediator" does not make decisions or take sides. The mediator and arbitrator attempts to be fair to everyone involved and to help them find an adequate solution.

If couples are seeking an arbitration or mediation, they are trying to resolve many of the routine problems that can come up in court. These problems in alternative dispute resolution may include such things as child-support, visitation, property division, and the division of other financial assets.

Many couples seek divorce mediation instead of going to trial. There can be a mediation process before separation or during and after the divorce process. It is possible for a final divorce decree to state that in any future conflicts the couple agree to seek mediation or arbitration thorough an arbitrator and mediator to resolve problems occurring after their divorce is final.

Although it is possible to go through the entire divorce completely on their own without the services of an arbitrator or mediator, it might be wise to contact an attorney before the mediation process to find out what your legal rights and duties are. When you contact the attorney, inquire if they offer "unbundled" legal services. If they do, they may be willing to assist you in one part of your divorce action. Meanwhile, you can complete other parts with the assistance of a mediator or on your own. It is also possible to conclude the mediation process by asking the mediator to draft a sample memorandum of understanding. Although this is not a final divorce decree, it is a document for the attorney to review with you. The attorney's fee should be less than the fee they would charge for full representation of all phases of the divorce. Having an attorney review any agreement before you sign off on it is always a good idea. Other information and resources for finding an arbitrator and mediator can be found by searching the internet for the American Arbitration Association.

Tips for Preparing Divorce Mediation & Alternative Dispute Resolution

  1. Make sure that you’re entirely prepared to file for divorce. Breakup can be a tremendously complex experience from an mental, legal, and financial perspective for everyone involved. Parting ways with your partner might be a short-sight choice to start new chapter in your life. Before creating Divorce Mediation & Alternative Dispute Resolution and starting the divorce process, take into consideration all the alternative options. Talk to a marriage counselor or consider therapy. Take as much time as you need to make the most rational decisions.
  2. Put together Divorce Mediation & Alternative Dispute Resolution and other important paperwork to end your marriage. Whether you file for divorce yourself or with an attorney’s help, getting all your paper organized and arranged will pave the way for success. Ensure you don’t omit essential files. If you decide to a do it yourself divorce, you can use US Legal Forms as professional online documents supplier and discover all the required files to set off the procedure.
  3. Try to reach a preliminary arrangement with your husband or wife. It becomes even more crucial if kids are concerned. Try and find common agreement on child custody and visitation. Plan ahead how you break the news about divorce to your kids in a much less harmful way as possible. Discuss with your partner the things you’re willing to divide, refuse, and claim. In this way, you get an opportunity to file for an uncontested marriage dissolution and make the whole process less painful for all parties involved.
  4. Keep yourself well-informed about the nuances of filing for divorce in the state of your choice. Each state has its own jurisdiction concerning who, when, and how|and just how someone can proceed with divorce. You can select a state to file for divorce, but you need to consider a list of points concerning the dissolution of marriage law in the respective state before you continue with drafting the Divorce Mediation & Alternative Dispute Resolution. These include but are not limited to statutory and residency requirements, community property regulations, etc.