A divorce mediation is most effective if the parties reach a settlement that is fair and palatable without lingering antagonisms. To accomplish this the parties need to work together on the future not the past. This is particularly important if there are children involved. Unlike court where you fight it out in front of a total stranger, a mediation allows you to make the important decisions together. No one is better qualified to make decisions about your divorce than you and your spouse.
In a successful mediation, everyone wins.
- Mediation is cost – effective. It’s less expensive than litigation. You can pay as you go and quit whenever you feel it is not working. Hourly rates are lower than standard attorney rates.
- Mediation allows for control/flexibility and creativity. A good mediator uses “what if software” to speed decisions which can help you decide the best alternatives after tax considerations.
- Mediation is less stressful than litigation
- Mediation is confidential. No one will know the details of your dispute or financial affairs
- Mediation allows for streamlined disclosure. Important since the rules require you to disclose your assets.
- Mediation creates binding agreements that you make not the court.
If your mediator uses advanced software the process of division of property will take less mediation time. The software promotes “what if” analysis considering all the latest tax law changes. With the mediator’s help you make your own important decisions concerning issues and arrive at a Marital Settlement Agreement that resolves:
- Property Division
- Spousal and Child Support
- A Custody and Parenting Plan
- Retirement Distribution
- Debt Repayment
- Education Costs
- 2017 Tax Act Considerations “what if ” analysis
The Court has far less leeway in making its orders than you and your spouse working together. A good mediator’s goal is for you to reach a reasonable and fair resolution with your spouse that is much more cost effective than litigation, and which meets your needs, and that of your family.
Not all lawyers have studied mediation. They may know the law but not how to conduct a successful mediation. Make sure your mediator knows the law and mediation.