- posted: Apr. 23, 2017
The essence of mediation is to resolve disputes between family members outside of court. This is usually done with the help of a mediator who can be a lawyer, a member of the clergy, a mental health professional, or a professional trained in alternative dispute resolution methods. In the case of divorce mediations, the same conditions apply: spouses agree to have a professional mediate their discussions to reach a fair settlement with regard to property distribution, child custody, and other issues.
Despite being perceived as a very sensible alternative to a painful and tedious court battle, divorce mediation’s processes still seem unclear to many couples. This fact is highlighted in a feature on The Huffington Post:
Divorce mediation is not all that the public seems to think it is. This post aims to clear up some of the common misunderstandings associated with it.
Divorce mediation is for reasonable people who cannot resolve their differences by themselves.
Divorce mediation is an out-of-court dispute-resolution tool that helps people settle their differences sensibly and with the legal system having only minimal involvement.
The article further talks about how mediation could fail, citing emotions and difference in motivation as two factors that affect the outcome of the process.
During the process of mediation, the couple’s respective lawyers only come into play on any of these three occasions: during the process to ensure that their clients’ rights are protected, after the two parties have reached a settlement with the help of the mediator, and, when the parties cannot agree through mediation or negotiation. During any part of the divorce mediation process, it is highly ideal for either party to hire an experienced Salisbury attorney to ensure that he or she is getting a fair settlement and that his or her rights are protected.
Both parties should be well aware of mediation’s purpose, which is to resolve disputes among themselves outside of court and with the family’s overall well-being in mind. Compassionate and experienced family law and divorce attorneys in Salisbury, NC such as the lawyers of Sherrill & Cameron, PLLC, will encourage their clients to attempt negotiations first before advising them to take the matter to court. If the mediations are unsuccessful, their attorneys can give them an idea of how their case will play out in court.
(Source: What Most People Don’t Know About Divorce Mediation, TheHuffingtonPost.com, Published January 24, 2012)