The Benefits of Divorce Mediation

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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If you would like to avoid the huge legal fees and conflict that has become part of modern day divorce, and you believe that you and your spouse could discuss matters and work them out with some guidance, mediated divorce may be the answer you’ve been looking for.

More and more courts today are allowing, or sometimes even requiring couples to attend mediation to work out their divorce disagreements and settle their differences amicably.  In divorce mediation, both spouses attend a meeting with a mediator who assists them in discussing all the issues and helps couples come to an agreement.  Mediators receive special training that helps them deal with high conflict situations. They are neutral and don’t take either spouse’s side; a mediator will help to facilitate a conversation between spouses that is productive, respectful, and makes progress toward solving problems.

Mediation is a chance for the spouses to have a frank discussion about the issues, whether they are issues about division of the marital property, child custody, or any other issue that needs to be addressed.  Mediation is confidential, so things said during discussions in mediation cannot be presented as evidence against either spouse, even if no agreement is reached during mediation and the case proceeds to trial.  This allows both spouses to speak openly and honestly without worrying that the things they say might be used against them later.

Mediation is very successful in helping to avoid lengthy trials and attorney bills. Whether you are paying your attorney hourly fees as you go along, or your attorney has placed a lien on your property settlement as is allowed in some states, mediation can help reduce what you are ultimately responsible to pay because it usually significantly reduces the amount of hours spent working on your case by your attorney. If you are interested in divorce mediation, ask your attorney to request that the court order you to attend mediation before the conflict and the costs of your case escalate out of control.

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