Las Vegas, NV- In a divorce, filing the papers is just the first and the easiest step. After that a couple has a variety of issues they must work out such as child custody and division of property and assets. There are a number of ways to approach the practical issues of divorce; a couple can try mediation, arbitration or settle their issues in court. The method a couple chooses to come up to finalize their divorce largely depends on their individual circumstances, but mediation is very common and effective.
During the mediation process, a couple and their respective divorce attorneys meet with a neutral third party, the mediator, to hash out the details of their divorce settlement. Mediators are there to simply help a couple decide child custody arrangements and asset division; they don’t make decisions for a couple they just make it possible for them to peaceably settle their divorce by guiding them through settlement negotiations. A mediator has nothing to lose or gain therefore they can be objective and offer solutions an impassioned couple fails to see clearly. Mediation is a process controlled by the couple not a court or a judge so they have more flexibility in coming up with a satisfactory divorce settlement.
Benefits of Mediation:
- Less costly than a court trial and multiple hearings
- It’s confidential; there are no public records of contentious issues or settlement arrangements
- A divorce lawyer can be present to offer advice
- Decisions about a couple’s life are not made by a court within the confines of a strict legal system
- Teaches a couple communication skills so they a way to resolve future issues
Most divorcing couples find they can settle their differences through mediation even if there are a number of issues that they disagree on. The dynamics of a relationship will be present throughout the mediation process so a couple can chose to negotiate directly with each other or have their divorce attorneys do the negotiating for them.
If a couple decides they would like to try the mediation process to resolve their divorce, the first step would be to contact a mediator. They will then gather information about the divorce and meet with the couple often together, but they may request separate meetings with each party The job of a mediator is to help a couple combat their personal problems and negotiate rationally with one another so this process can take weeks and months to complete.
Of course, there are situations where mediation may not be the route a couple should take. Some issues, primarily child custody and spousal support, which must be dealt with immediately so a couple will need a court to decide on these issues. If there is a history of abuse or domestic violence, mediation may not be the best route, but it shouldn’t be dismissed outright.
Before deciding whether mediation will work with their circumstances, a couple should discuss their options for finalizing their divorce with a divorce attorney to determine which option will work best for their circumstances.