Mediation is a divorce process wherein a court-appointed and neutral mediator is assigned to the spouses so they can properly make compromises on the legal aspects of the divorce, such as the amount of alimony and child support and division of assets and liabilities.
The website of the Raleigh divorce attorneys at Marshall & Taylor, P.C. mentions that attorneys don’t necessarily help in negotiating the terms of mediated divorces, but they can still be necessary so the spouses know the extent of their rights and legal options. In other words, you should still consider getting a family lawyer even though there is already a mediator for your divorce.
Advantages of Mediation
Many couples see mediated divorce as their legal process of choice, because it is not as formal as other divorce proceedings, such as contested and uncontested divorce. Choosing mediation over other legal options have several advantages, such as the following.
It is less argumentative
Other divorce processes, especially contested divorce, can be very argumentative, because the spouses cannot agree on the legal terms and nobody seems to want to compromise and get the shorter end of the stick. Mediated divorce, in nature, is not adversarial and rely on mature communication to come up with a fair compromise.
It is less prone to bias
A divorce process like an uncontested divorce can be the easy choice, because of how fast it can be due to the lack of arguments. But this may also mean that a spouse has given in to the biases of the other spouse just to get the divorce over with. This is simply not the case for mediated divorce, because the presence of a mediator can prevent biases.
It puts your children away from the divorce process
Divorce is a complicated legal process, as it may involve aspects such as child custody and support. This may mean that your children will be actively involved in the divorce process, in the form of interviews and presence in courts. This can have a negative effect on children, especially if they are still in their developmental years.
Since a mediated divorce is less formal and everything can be talked out casually, it will help avoid stress and prevent children from getting too involved in the legal process.Read More