Divorce mediation allows couples to discuss the terms of their divorce decree and customize a settlement that benefits everyone involved.
Couples file for divorce more often than many people may think. Statistics published by the Centers for Disease Control and Prevention report that more than 50 percent of all marriages in the United States end in divorce. The dynamics of these marital separations can vary significantly from one case to the next. In situations where a couple have trouble dealing with one another in a civil fashion, traditional court litigation may be the best way to finalize the terms of a divorce decree. There are cases, however, where couples have come to a mutual agreement to dissolve the marriage in an amicable manner. Mediation offers Nevada couples the ability to negotiate the terms of their divorce decree out of court.
The mediation process
When a couple enters into mediation, they must agree to create a settlement that favors everyone involved in the case. This includes disclosing information regarding marital property and compromising with one another on issues like parenting plans, child support and alimony. The sessions take place in a non-threatening environment under the direction of a mediator. Although the mediator must remain neutral and cannot offer personalized assistance to either party, he or she can answer legal questions and make sure that all of the topics are covered in the sessions. If at any time, the couple cannot successfully negotiate the terms of the divorce decree, the case will be turned over to court litigation.
The advantages of undergoing divorce mediation
Couples who can discuss the issues surrounding the divorce in a calm manner may find mediation to be extremely beneficial. Marriages that are dissolved through traditional court litigation are subject to the court's discretion when it comes to property division, parenting plans and other key topics included in the divorce settlement. Through mediation, couples have complete control over the terms of their decree. In some cases, couples are able to make arrangements that would have otherwise been unavailable through court litigation.
According to the American Bar Association, mediation offers the following benefits:
- Couples are often able to leave the marriage on better terms than they would have had they gone through an emotional and lengthy courtroom battle.
- Couples have more flexibility when scheduling their mediation sessions, rather than have to wait for a court-appointed date.
- Mediation may be less expensive since there are no court costs involved.
- Settlements are often finalized quicker depending on the circumstances surrounding the case.
When people are able to customize the details of their divorce decree, they are more likely to comply with the terms of the divorce.
The role of an attorney in the mediation process
Although lawyers are sometimes not present during mediation sessions, many people choose to consult with an attorney while they are going through the negotiations process. It can be difficult to understand everything that is involved when discussing the terms of a divorce. An attorney in Nevada can often provide the personalized legal counsel necessary to help you get everything you are entitled to in the divorce settlement.