How Divorce Mediation Can Lessen Divorce Stress
Divorce is usually stressful and emotionally draining for most people. However, there are options to reduce the pain of divorce potentially, as well as the expense. One way to lessen divorce stress is mediation, which you will learn about in the following article. Our Maryland divorce mediation attorney at Shah & Kishore has years of proven success resolving divorce cases favorably for clients, so call our office today for a free consultation at (301) 315-0001.
What Is Divorce Mediation?
Divorce mediation is a process outside of court where the spouses may meet a neutral third party to discuss matters of contention and potential options for resolution. The object of a mediation session is to reach a divorce agreement acceptable to both parties without going to court.
Maryland couples may choose mediation voluntarily, or the divorce court may require it. Whether it is voluntary or mandatory, the spouses are not required to come to a resolution of major divorce issues. Some common divorce issues that mediation may be able to solve are:
- How parental responsibilities will be divided
- Where the child will live
- When the child will spend time with each parent
- How important parenting decisions will be made
- Issues regarding property division, child support, and alimony
How Mediation Can Reduce Divorce Stress
Mediation can be beneficial to Maryland couples seeking divorce. Mediation can also be helpful to parties who have been divorced but have a dispute about child custody, alimony, etc. Some benefits of mediation include:
Less Expensive Resolution
Much of the stress surrounding a divorce is emotional, of course, but the truth is that divorce can be expensive. That added cost can add stress to an already challenging situation.
Mediation is often more cost-effective than going through a standard divorce in court. This process usually involves less attorney time, which can save both spouses thousands in some instances. Mediation is also usually faster than a regular Maryland divorce and more flexible than divorce courts. The couple may find scheduling mediation sessions easier than waiting months for an open divorce court date.
You Have More Control
Imagine going to divorce court in a difficult divorce and having a judge render decisions that affect your life for many years. You are, in part, handing control over important matters to a judge, possibly including child support, property division, and alimony. While the judge will make the best decision possible, many divorcing couples prefer having more control over their fates.
Mediation allows the spouses to have direct control over critical decisions that will shape their lives for years and possibly decades. In mediation, spouses can actively participate to devise solutions to meet their needs instead of having a judge do it. Mediation allows the parties to enact personalized, creative solutions that could be difficult to achieve in court.
Lower The Temperature
Many divorces are ugly, emotional, and full of conflict. However, mediation is non-adversarial and can lead to less friction between the spouses than a regular divorce. Mediation is, by its nature, a collaborative process and can lead to better communication with the other party. It also can help the parties maintain a more amicable relationship, which is even more critical if there are children from the marriage.
It Is Confidential
All divorce mediation sessions are confidential and private. This may encourage the spouses to be honest and open about sensitive issues. There should be no fear that mediation details will be in the public record.
Preserve Family Relationships
If you have children from the marriage, protecting them from discord and conflict is paramount. Mediation can help the spouses to maintain a more productive parenting relationship after the divorce. This can be incredibly important for the children’s well-being.
What Does The Mediator Do?
The role of your mediator is to assist the spouses in making important divorce decisions. The mediator will guide the discussions without arguing in favor of either party and is neutral. All mediators must follow the Maryland Standard of Conduct for Mediators. Your mediator is not allowed to offer you financial, legal, or other advice. If you decide on mediation, your Maryland divorce mediation attorney at Shah & Kishore can advise you about critical divorce issues.
How Will The Mediation Session Work?
The parties will attend one or more meetings with their mediator during mediation. The mediation process usually starts with an opening meeting where the mediator talks about their role, how the process will unfold, and the rules for each session. After a brief orientation, the mediator will lead sessions in this manner:
- Pinpoint divorce issues: Your mediator will help both sides to identify the contentious problems that need addressing, such as child custody and support, property division, vacation schedules, spousal maintenance, and any other divisive divorce issues.
- Identify options: The mediator will help the spouses develop potential solutions for each divorce issue. This process encourages both sides to be creative and identify agreeable opportunities for both spouses.
- Negotiation: The parties, guided by their mediator, will talk and negotiate about significant issues and, hopefully, come to an agreement that satisfies both sides.
- Draft an agreement: Once a tentative agreement has been reached, the mediator or other party will draft a formal agreement detailing the divorce’s terms and conditions.
After you have drafted the formal agreement, you should have Shah & Kishore review it. This document will influence your life for years, so it is vital to have an experienced attorney ensure that your interests and rights are fully protected. Your attorney can offer advice and recommendations if anything should be changed. Once the parties and their attorneys agree on final agreement language, the document is signed by both spouses and submitted to the divorce court to be approved. Assuming the court approves the agreement, it is legally binding.
Our Experienced Maryland Divorce Mediation Attorney Can Help Today
Most divorces are complex and contentious, but the assistance of an experienced divorce attorney can make a huge difference. Also, mediation could be used to make divorce less stressful and faster. For a no-obligation legal consultation, speak to one of our Maryland divorce mediation attorneys at Shah & Kishore today by calling (301) 315-0001. Our attorneys will review your case and determine if mediation is a possible solution.