The process of mediation may be used in both contested and uncontested divorces. It may also be beneficial for parties to seek out a mediator prior to filing a complaint to modify a previous court order. Many couples have sought mediation services because of the plethora of benefits it provides. Mediation allows for increased privacy and decreases both the necessary time and money required for traditional legal separation. Most importantly, mediation aims to provide outcomes that are mutually beneficial to both parties.
How Does Mediation Work?
In the mediation process, a mediator listens to the concerns and issues of each party. The mediator functions as a neutral person and helps the parties find a solution that each of them has negotiated and that each of them can live with. Throughout the process a mediator’s goal is to allow both parties to discuss the outcome they want. Mediators remain unbiased and avoid leading the conversation in any particular direction. Instead, their goal is to encourage both parties to discuss and decide what solutions work best for both of them. Mediation is built on a foundation of compromise and working collaboratively towards a mutually beneficial end.
Benefits Of Mediation For Divorce
The process of mediation can be beneficial to clients for a number of reasons:
- Time: Mediation can help parties resolve their issues without spending long hours in court. If a case proceeds through a trial process, whether it be a divorce, paternity, modification, etc, there are numerous hours spent in court. Conversely, the mediation process is quicker.
- Control: The process itself gives the client the ability to help tailor results that work for them individually and for their family as well. In traditional litigation the final determination (judgment) is left in the hands of a judge. Through mediation, although you may not obtain everything you are seeking, you will still be in control of the final outcome.
- Costs: Mediation is also cost-effective. Some couples choose to work with only a mediator, decreasing the costs of separation by not having to pay for multiple attorneys. The streamlined process of mediation can decrease both the time and money spent during the process.
Important Disclaimer About Mediation:
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Please note: a Mediator, cannot, if he or she has spoken to either side alone, work as a mediator. If you contact an attorney for a consultation please advise the attorney immediately if you are seeking mediation. As the role of a mediator is meant to be as a neutral, unbiased person, this position is compromised if either side has already told “their side of the story” to a mediator. A mediator, even if he or she is an attorney, does not give legal advice. The mediator participates as a neutral person and tries to help the parties reach an agreement on their own term by encouraging compromise.
Contact Our Office In Worcester For More Information On Mediation
The Law Office of Marcia Calcagni provides mediation services to couples throughout Worcester County. As mentioned above, if you are seeking mediation services, it is necessary that you make this clear straight away. Please contact us via email or our phone number during office hours. Disclaimer: initial contact through our website or over the phone does not establish attorney/client privilege.
Frequently Asked Questions About Mediation:
Do I Need To Bring Evidence To Mediation?
No. Evidence is not required for mediation. Parties are encouraged to speak for themselves and discuss what solutions make sense for them. If needed, a party may share some information with a mediator that may be beneficial for them to understand, but a mediator is not a judge and is not making a ruling or judgement, so evidence is not required.
How Do I Talk To My Spouse About Mediation?
Talking to your spouse about mediation can be challenging. But it is important for spouses to understand the benefits of mediation and how it provides outcomes that are mutually beneficial. Explaining these benefits can help your spouse understand how mediation can help and why it would work.
Can I Use Mediation For An Existing Court Order?
Yes, couples often need to modify existing court orders. Changes in vocation, living situation, and other mitigating factors may require couples to change their existing order. Couples can utilize mediation processes whether they are beginning a case or need to alter an existing court order by filing for a Modification from the Court.
How Do I Pick The Right Mediator?
The most important attributes of a good mediator are experience, knowledge, and their ability to stay unbiased. Working with a mediator that has experience in Family Law is also beneficial as they will have necessary insight into what steps need to be taken.
Are All Mediators Divorce Attorneys?
Not all mediators are attorneys. There are benefits to working with an attorney who provides mediation services, as these individuals have greater knowledge of the legal process.