Divorce Mediation: What Is It and Why Do You Need A Lawyer To Do It?

What Is A Divorce Mediator

Divorce mediation is the new and best way to come to an agreement between you and your spouse without the use of litigation. A mediator tends to resolve most divorce issues and in some states is required. You will speak to the mediator in a private and secure setting. Because they are a neutral party, they can adequately listen to both sides and will come up with equal and workable solutions.

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Finding A Mediator

You can expect your attorney to explain the rules and process when using a mediator as well as help you select a practical mediator. Proper research is key! What you would normally look for in a professional, the same goes for a mediator. Most attorneys have had work experience as a mediator themselves so they can to the requirements that a mediator. Does this mediator have the proper schooling to be a divorce mediator? Have they gone through training? How long have they been a mediator? Finally, what are their rates and fees? How long do you predict it will take for you and your spouse be needing their services? Is it within your budget?

Finances

For a couple that has a combined income of less that $100,000 will have an adjusted rate for the mediator. A financial affidavit will need to be needed to show you the exact fees owed to the mediator. When it comes to a divorce attorney, they sometimes require hourly pay and every action that is done during a divorce will need to be covered. If it is an extended divorce case, the end prices will increase because of the allotted time put into it. Some mediators may also require an hourly pay of around $100-$300 an hour. This payment is also reduced depending on the length of time that their services are used. It is smart financially for both parties to come to an agreement quickly; however, that is not always the case. From the beginning, budget for the price of the mediator and the attorneys. Although the attorney is optional, it is worth getting settled on an agreement that you can benefit from in the short-term and long-term. An attorney can safely make sure you are not blindsided by your spouse's attorney. An attorney prevents liability of lost benefits.

What To Expect

Although you are planning on seeing a mediator with your spouse, it is still smart to hire an attorney. Your attorney will not accompany you in the meeting but they will coach you on what to say and how to say it. There is a tactic when you speak and explain your wants during a negotiation that an attorney understands and will assist you with. If you make an offer too light, you might lose out or fail to get what you want. On the other hand you do not want to go through a bunch of demands where your spouse will walk away because they feel your terms are non-negotiable.

Depending on the specific divorce situation and the assets that may be shared and shifted between you and your spouse, your divorce attorney will know potential settlements that you can get. They will let you know what to expect to prevent you from having too high of expectations. Your attorney will look over an agreed upon settlement to ensure nothing was incorrect or missed. If something is missed, they will make sure they address it. Finally, once the settlement is complete, your attorney will create a formal divorce document to report your agreement.

Your mediator will create a Mediated Settlement Agreement whereas the attorney will file the Mediated Settlement Agreement as well as the actual files for divorce to draft.

Advantages Of A Mediator

  1. Using a mediator will shorten the divorce timeframe. A mediator is an informal way to finalize a divorce because once an agreement is settled, thats where the spouses stand with each other.
  2. A mediator is alone cheaper than going through litigation through the court. You would need to pay your attorney for their elongated time whereas, hiring an attorney and a mediator to make the process quick, smooth, and informed.
  3. The mediator is a third-party with no bias. The will look at the situation from an outside and legal perspective and assist with finding equal solutions for both you and your spouse. They do not deal with or have any concern for the emotional issues within the relationship. They are there to provide a workable solution. It is completely private with no verbal documentation written afterwards only the settlement agreement.
  4. The divorcing couple is in control.

It is wise to hire an attorney to accompany you through your divorce. It's possible to see a mediator alone; however, if you do not know all of the legal abilities and options that you have in the case, it is likely the spouse with the attorney will have the upper hand.

After the divorce is settled, understand your financial situation and that you can afford it. Prepare beforehand to avoid becoming financially vulnerable after the divorce. If children were involved in the divorce they should be priority. If they are old enough to potentially understand what is going on, make sure they are emotionally stable. Counseling can be an effective solution to help give them perspective from an outside party.

There are many divorce mediation offices available in a large city like Miami. It is advised they a mediator is always an option and an initial destination before you decide to go to court. If you do not already have a lawyer on hand, every attorney has a dominant area of expertise and specialization. First make sure your attorney is specialized in divorce court and a mediation understanding or experience. They will have the best outlook for solutions and what to aim for before negotiations. A mediation attorney for divorce in Miami will help exponentially in the entire ordeal to make the divorce quick and as stress-less as possible.

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