Recent events have led to unprecedented changes for modern families, including more time at home with both the spouse and children. One trend that has coincided with more time being locked down at home is the increase of divorce rates. If you and your spouse are going through this difficult decision process, it’s important to keep in mind that that divorce mediation can prove to be a much more advantageous choice versus divorce litigation.
Peek Goldstone is here to serve as your local family law attorneys in Greeley and Erie, providing our experience and expertise to help you navigate a positive resolution for your unique case. We’re here to help residents across Colorado achieve a fair outcome for their situation and move onto the next stage of life. We also offer mediation services to help contested parties meet a mutual decision, avoiding the stress and uncertainty associated with the courtroom.
Keep reading to learn more about the benefits of divorce mediation versus litigation. If you’re in need of assistance from Greeley and Erie’s trusted family attorneys, feel free to give us a call.
A divorce mediator can prove to be an ideal choice over litigation, but why? It is important to consider all factors in your separation before making a decision, as the right approach can help to provide numerous benefits for both parties. You can undergo the divorce process on the same page, working mutually to separate in order to avoid hurt feelings and long-term ramifications.
To start, it can help to compare mediation versus litigation, as well as what a mediator can do for you versus a lawyer.
In this role, your divorce lawyer will serve as your advocate to ensure that you receive the most favorable outcome. Your significant other will likely also hire a lawyer to ensure that they receive a favorable outcome with any issues left unresolved in the marriage. Typically, your family attorney will enter negotiations with the other lawyer to resolve the issue. If this process fails, then the case will continue into the family court system.
In court, you will go through an extensive process to determine the results of your divorce, including parenting time and child support, spousal maintenance, division of your assets, and more.
Deploying a mediator as a neutral third party can help to keep your separation out of the courts and out of the public’s eye. This mediator can be any professional who is trained to conduct and host mediations to allow both parties to communicate and discuss their needs to help generate an acceptable agreement out of court.
Your mediator should help you and your spouse identify issues, negotiate the details, and mutually agree upon a settlement. This environment is less formal, more private, and tends to be better for relationships.
Is Divorce Mediation Right for Me?
Couples seeking a separation with as little conflict as possible will be satisfied by mediation services. Before you find a qualified mediator, be sure to ask yourself if this option is right for you and your partner. A few topics to consider include:
- Resolution mindset — Mediation is only beneficial if both parties agree to work for their best interests through mutual cooperation. If you or your partner are not ready to begin divorce mediation, the process will likely be unsuccessful.
- Dishonesty over finances — Mutual agreements can only be made if all sensitive financial information is disclosed. If you’re not sure what all is included in your estate, it’s important to receive the information in order to properly settle outside of court.
- Previous domestic abuse — Fear and intimidation can be concerns in situations involving a history of domestic violence. Based on your history, you may need to find a mediator familiar with domestic violence who can provide the proper safeguards while still facilitating a resolution..
- Disputed parenting time — Agreeing upon parenting time can create a major rift during even the most productive mediations. If you and your partner cannot agree on parenting time through mediation, divorce litigation may be necessary.
Can My Mediator Be a Divorce Lawyer?
Mediation itself is a valued skill which can be performed by any qualified individual. Your mediator can be a family law attorney and deploy their knowledge in divorce cases, or they can come from a much different background (such as mental health counseling). As long as your divorce mediator is knowledgeable in generating mutual agreements (and taking care of complex issues such as finances), you can expect to find a beneficial outcome. Keep in mind that mediation can be done without the need of a lawyer or court intervention!
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