Divorce Mediation has several advantages over litigation, including less stress, lower cost, more flexibility, and better outcomes for families. The goal is to help the divorcing couple reach agreements that meet their needs as well as the needs of their children without the financial and emotional expenses of a battle.
In divorce mediation, a neutral third party assists you and your spouse in reaching agreements about your divorce. The mediator does not have to be a lawyer and does not represent either of you. Even if the mediator is a lawyer, they cannot offer legal advice in their role as mediator, and they will not tell you what to do.
What A Mediator Does
The mediator can provide information about the divorce process and guide a discussion to help resolve issues. The mediator cannot decide anything for the parties – the parties themselves will make all decisions and agreements.
The mediator will help to identify issues, help you and your spouse negotiate, and work with you to resolve the issues that need to be resolved in your divorce case, such as division of marital property and debts, spousal support, child support, and parenting plans. The divorcing couple communicates with each other directly, in the presence of the mediator, and decides together what information to review and what outside experts to involve.
The Benefits Of Divorce Mediation
The negotiation process in mediation is relatively relaxed as compared to a traditional divorce, and lines of communication are kept open. This allows for brainstorming of unique solutions to fit the needs of each family rather than being forced into a cookie-cutter solution devised by a judge in a litigation case.
The cooperative approach makes options available in mediation that are not possible in a litigated divorce. As long as you and your spouse agree on the details, you will be able to divide your assets and handle child affairs. This flexibility can make negotiations far simpler and less traumatic for everyone.
Perhaps the greatest benefit of mediation is that it is a child-friendly process. Custody battles are often damaging to children, especially when they are called to testify in court. Mediation spares children exposure to confrontation and messy details. Keeping your kids happy and well-adjusted throughout your divorce process is priceless.
Negotiating an agreement together rather than speaking through attorneys also offers divorcing spouses the ability to shift the conversation and to process the story of their marriage differently. This process often ultimately leads to feelings of empowerment and far more satisfaction with the outcomes than a traditional contested divorce.
Collaborative Practice Kansas City, LLC is a Kansas City area community of independent legal, mental health, and financial professionals working in concert to create client-centered processes for resolving divorce conflict. For more information about divorce mediation or other divorce process options, contact a Collaborative Practice team member at 913-380-2560 or click here.