Divorce mediation is a process where you and your spouse will meet with a neutral third party to decide on how to handle the issues related to your divorce. The mediation process will take several days or even weeks, although this may seem like a long time, the reality is the divorce process can take significantly and be more emotionally draining.
In most cases the divorce mediator will know which issues are most important to both of you, and they will offer suggestions on how you can each handle the situation, by understanding which points both sides are willing to give on.
The mediation process will handle all the issues related to a divorce, these issues can include:
- Asset Division (Will also include any financial obligations)
- Retirement Savings
- Child Custody and Visitation Rights
- Child Support
- Alimony Payments
In arbitration, the couple, with the aid of the mediator, works out agreements in the aforementioned problems. Sometimes agreements come easy, sometimes they require a more lengthy process, this will depend on the how willing both sides are to move on their issues. When agreements are challenging to achieve, that’s when the mediator intervenes. You’ll also have the opportunity to have a divorce attorney Atlanta present to help you make sure the decisions you agree to part of your overall goal for the divorce. The mediator will work with you and your spouse to brainstorm some ideas, maintain the lines of communication open, as well as educate both spouses in the process. With the help of the mediator both sides are more focused on the issues important to them, instead of getting into emotional battles. Oftentimes in a divorce simple disagreements can turn into insults, this is where the mediator would be helpful in keeping the issues that matter on course.
The open environment offered in mediation allows both parties to confidently negotiate, while the mediator is an impartial figure which knows the important issues to both sides, and will provide suggestions on how to move forward with issues both sides maybe conflicted about. Since the negotiator will not favor either party only offering suggestions to move the process along this often expedites the ability to get a divorce agreement.
The arbitration process in mediation is voluntary. The mediation process will determine how to handle all the issues important in the divorce, but it’s up to both parties if they agree with the outcome discussed in the mediation process.
Arbitration is private and adaptable. It provides an opportunity for both sides to come to an agreement on the important issues, and to discuss as adults and parents how to best handle the children involved if any. Mediation results in communicating between the couples, which could then be utilized to discuss the most beneficial way to handle child support in Atlanta. The lack of communications might have been one of the chief reasons for the divorce.
Oftentimes the mediator is certified and experienced in conveying the most important issues and finding common ground. They also understand how to best handle the situation for the children involved, trying to make the situation for the children as comfortable as possible in a trying situation.
The suggestions offered in the mediation process are not binding, it only becomes binding once both parties acknowledge they understand the resolution set forth by the mediator and agree to divorce agreement. After the mediation session both parties involved are encouraged to seek independent legal advice to make sure they agree with the resolutions outlined in the mediation process.