Archive for October, 2008
Avoiding court time should be your goal during separation / divorce. It is costly! Instead, you and your ex want to agree ahead of time how all assets will be divided, and what will happen to any affected children. Then their lawyers draft all required paperwork, and the separation/divorce is made final.
The complications start when the two of you cannot agree on the process, or the splitting of assets. The divorce mediation process is the way to go in this case. If the couple can agree on a specific mediator, then this is the best and most economical route.
A divorce mediator is a neutral person or organisation which is professionally trained to assist separating couples to work out the unavoidable quarrels taking place in the course of the divorce mediation process. The most important duty of the divorce mediator is to create a rational and practical separation arrangement.
5 Basic Reasons Why Divorce Mediation Is Better
(1) usually faster and cheaper than lawyers/courts
(2) more personal, as the couple shape the final agreement
(3) makes for a “friendlier” divorce (good if young children are involved)
(4) more flexible than court ordered agreements
(5) more confidential than court ordered agreements
The Process of Divorce Mediation
Usually there will be a number of agreements that will be put forth as drafts during the course of the divorce mediation process, until the final draft thus generated is agreed upon by both aggrieved parties in the divorce process. The divorce mediator will develop a closing document fit to be signed and sealed by both persons.
This divorce mediation process does not mean you can skip your lawyer. Both the parties should still be represented through their lawyers, who would conduct a review of the concluded divorce agreement.
Finding a Mediator
There are 4 basic ways of finding a mediator.
(1) friends who used one
(2) your lawyers
(3) yellow pages
(4) Internet search
Separation and divorce are stressful parts of life, and the legal process can sometimes make it more negative than it needs to be. Our hope is that you and your ex can agree on a mediator, as it can be a much calmer and sane way to go through the process.
