Divorce in Utah: Reasons Why You Should Be Considering Mediation
There's no reason that divorce has to be a long, complicated process. One way to make a divorce a lot less painful is to go through mediation. Domestic mediation is a way of negotiating a settlement in terms of the divorce. See how mediation can be beneficial to both parties.
A Quick Primer on Mediation
There are a few elements that are common in all types of mediation. Essentially, two parties will go before a mediator to discuss the pertinent issues. The mediator is a neutral, independent party who helps facilitate the discussion. The end goal is to create a settlement plan that both parties can agree to.
The Main Considerations
Anyone who is pursuing a divorce should take the time to think about using mediation. Regardless of the state of the divorce, mediation can help smooth things out. For one, mediation allows the couple to generate their own solution to divorce issues. This is a lot different than having the court impose certain conditions on them. In this sense, mediation allows the divorcing couple to control the process. In the end, it's possible to come up with a lasting solution that will promote a peaceful end to the marriage.
There are many other advantages to opting for mediation. It is the perfect course to take if you are trying to limit the costs of the divorce process. In most cases, going through a domestic mediation will be a lot cheaper than a full divorce case. Mediation is also a confidential matter. Unlike with court proceedings, the discussions that take place in a mediation are not released to the public. This is an important aspect to consider for those who value privacy. All in all, there are numerous reasons to attempt mediation before going further with the divorce.
You Can Have Legal Assistance
Many people assume that mediation is done without the assistance of an attorney. This is not always true. Both parties are perfectly free to get advice and representation from an experienced lawyer practicing family law. Therefore, you can always feel secure that your rights are being protected at all times.
A More Detailed Look
If domestic mediation sounds interesting, you might want to learn more about it. As stated above, most mediation procedures are fairly similar. The process usually begins by doing a short interview over the phone with the mediator. During this conversation, the mediator will obtain all the necessary facts. The mediator will also try to get an understanding of what issues are occurring. This information gathering session may be supplemented at the first meeting between the two parties.
During the initial meeting, the mediator will explain the entire process, and help set the expectations of the parties. It will be determined whether the parties will meet together to hash out the issues, or whether separate meetings will be held. Additionally, the mediator may have both parties sign a confidentiality agreement, or other documents.
Most meditations begin by allowing each party to discuss where they stand in the situation. Doing so helps the mediator determine points of agreement and conflict. During this time, it is common for mediators to pose follow-up questions to get a better understanding.
At some point, the parties will begin to negotiate towards an agreement. This involves coming to some sort of compromise on the difficult issues to arrive at a resolution. The mediator plays an important role in managing the negotiations to make sure that progress is made.
Creating the Final Agreement
Following the negotiation stage, the parties will memorialize their agreement. Generally, an experienced attorney will draft the agreement according to the terms of the mediation. Typically, these agreements will address child custody issues and similar concerns. At the end, the agreement will be incorporated into the remainder of the legal documents related to the divorce. This means that the terms of the agreement can have the force of law if they are not adhered to.
Hiring an Attorney
You can use the help of an attorney for mediation just like any other legal proceeding. If you speak to a family law attorney first, he or she may even be able to recommend a mediator for you. An experienced attorney will also be able to provide you with legal advice throughout the mediation process.
For more assistance with family law or child custody issues, contact T.R. Spencer Law Office.