Family Divorce Attorney: Mediation To Avoid Melting Down
Posted on: 14 September 2020
The average cost of a divorce in America is nearly $15,000. The majority of this cost is driven by legal fees, court costs, and the liquidation of assets. Fortunately, not all family divorce attorneys have the goals or charge the same fees.
Here's how a mediation attorney can help streamline the divorce process and save you thousands of dollars.
Avoiding the Courtroom
Few things prolong a divorce or make it more expensive than litigating the details in court. Whether you can't agree on child custody or you're struggling to divvy up your shared assets, agreeing to disagree will ultimately be decided in court.
Mediation:
A mediation attorney is part judge, part moderator. For instance, if both sides can't agree on a custody dispute, a mediation attorney will recommend compromises and present counter-proposals to help reach a resolution. Because a mediation attorney does not represent either side and all fees are paid jointly by each side, the objectivity will never be in question. Although the mediation attorney cannot render legal decisions, they can help each side go through the same processes they would in court at a fraction of cost and time. A mediation attorney can help draw up legal contracts, addendums, trusts, and other legal documents as agreements are reached.
Mediation Without Representation
In some cases, both parties in the divorce can hire a mediation attorney to jointly represent both sides. These agreements, often termed "collaborative divorces", are ideal for couples looking to avoid traumatic court depositions for children and/or couples without children and few jointly owned assets.
Collaboration:
In a collaborative divorce, most mediation attorneys will begin by settling the easy stuff. For instance, if you're dividing a major asset like a house, a mediation attorney will help draw up a contract to stipulate how the proceeds will be divided and also contingencies for complications selling the house. Once the more objective and less contentious issues are settled, they'll move on to thornier issues. For example, if both sides can't settle on the division of child custody or stipulations about school choice, a mediation attorney will break the issue into smaller pieces. This can mean building a broad framework, while leaving issues that can't easily be addressed until the process is mostly complete. If you're opting for a collaborative divorce, it's critical to ensure that both parties feel comfortable with the mediation attorney. If you or the other party aren't open to this option, it probably won't work.
If you have additional questions, reach out to a local mediation attorney.
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