Pick someone you like and get along with! Choosing a divorce mediator can be difficult. First of all, who is available in your area, and does their availability match mine. But, most importantly, is this a person I want to trust to help us negotiate and resolve our separation, divorce, and/or custody issues? Do I like and trust this person? Is this person competent, experienced, and trained in handling matters such as these? Choosing a mediator you do not get a good initial vibe from can be a recipe for disaster.
Secondly, consider what experience and training your mediator has. A lot of divorce mediators are not lawyers and have no idea about the law, or the current state of our court system. This is valuable because a mediator with this type of experience can provide you with real world options and scenarios of what may happen in the event this action goes to court. Divorce mediators without this type of experience often have no idea of what can happen if you are unable to reach an agreement. Consider whether your divorce and separation mediator is also a licensed attorney with experience with similar matters.
Finally, what is this going to cost me? And, you should not get a vague response to this. Seriously, how much am I going to be paying for divorce mediation costs, and is this going to be worth it versus going to court? Many mediators will not give you a straight answer on this - well it depends is a common response. Instead, demand to know upfront how much your fees will be, and how much time, effort, and money you are going to devote to this process. While mediation is often highly successful, not all cases settle, and you need to be aware of your expenses, and the cost / benefit analysis, of attempting to settle your case before litigation. Please be aware that mediation is almost always the less expensive option versus going to court, spending a lot of money, and letting a judge who barely knows you decide the outcome of what could be your financial future, and / or child custody and support obligation. Once an order is set, it is not easily set aside or modifiable.
Family Mediation LLC is located in Huntersville NC and provides mediation services for a wide array of issues, but primarily for those involving family law, diving marital assets, setting spousal support (if necessary), and determining and implementing child support. Contact us if you wish to schedule a consultation.
At Family Mediation LLC, we understand how difficult separation and divorce can be. Our goal is to help you resolve your issues in an efficient manner, keeping your expenses reasonable, without involving lawyers and the court system. If you are considering separation and divorce, contact Mediation LLC to arrange your complimentary mediation consultation.
Mediation is a process where couples contemplating separation and divorce meet with a neutral, third-party facilitator to assist in resolving their family law issues. Typically, a family mediator will assist the parties in determining how to divide marital assets and marital debts, whether alimony is appropriate, and if so in what amount and for how long, and what child custody arrangement and support is in the best interests of any minor children.
Upon determining that divorce mediation is a good option for the couple, they set an initial consultation with a mediator. The mediator may want to request specific financial information from the parties to assist them at their first mediation session in advance. At the initial mediation session, the mediator will facilitate a discuss and negotiations between the parties, in the hopes of resolving all outstanding separation issues. This may take a matter of hours, and it may take the entire day. At the conclusion of the initial mediation session, parties are typically provided with an outline of what agreements have been made.
The mediator will typically memorialize these agreements into a Memorandum of Understanding or a Mediated Settlement Agreement. At the follow mediation sessions, the parties will review the separation documents with the divorce mediator, to ensure that everyone is in agreement. Following the execution of the separation documents, the parties have an enforceable contract.
To ensure that the agreements are enforceable as a matter of law, a neutral attorney may be required to memorialize the separation documents into a Separation and Property Settlement Agreement, and Consent Order for Child Custody and Child Support. This is best practice, as it ensures that not only the elements of the negotiated equitable distribution and spousal support are enforceable by breach of contract, but that the elements and agreements concerning child custody and child support are enforceable via the court’s power of contempt.
Mediation is the best process to getting resolution in separation and divorce matters. No other process is as fast, cost effective, efficient, and allows the parties to retain control of their own matters. Family Mediation LLC is located in Huntersville NC and provides divorce mediation services to couples going through the separation process. If you are interested in discussing and/or arranging a separation or divorce mediation, contact Family Mediation LLC to arrange a complimentary separation consultation.
If you are contemplating separation and divorce, or have issues regarding child custody, consider mediation before you take your spouse to court. Mediation allows you to get results faster, save money, and control the outcome of your case. Lawyers and judges are not required, and at the conclusion you have enforceable documents outlining the terms of your separation. This is especially important for couples who will be co-parenting upon their separation. Co-parenting can be very difficult when you are trying to do so with someone you do not get along with. Mediation reduces the amount of drama and conflict surrounding your separation, which allows for better co-parenting relationships going forward. Contact Family Mediation LLC if you want to arrange a free consultation with a family mediator. Mediation LLC offers family and divorce mediation services in Huntersville NC.
It is well known that the divorce rate in the United Stated hovers around 40-50 percent. Thus, divorce can be an unfortunate fact of life despite everyone’s best efforts to make married life work. Plus, divorce affects everyone involve from the spouses to the children involved. So, you want to use the best and most peaceful method of divorce for everyone’s mental and physical well-being. That is where divorce mediation comes into play.
Mediation is a better method of settling divorce cases when compared to other methods, notably litigation. Despite what we see on TV or read in the news, divorce can be a smooth experience depending on how you and your spouse handle it. Whether you’re not compatible with your spouse or know divorce is the right move, mediation could be a great way to see you through with minimum difficulty.
Below are five important reasons why you should choose mediation over litigation
1. Cost Effective
If you have ever been a party in a litigation or know someone who has, you will know the path to resolution can be tough, costly and the outcome is never certain. For example, in June 2008, a Wall Street journal article revealed that the average cost of litigating a divorce is circa $78,000 while the average cost of a mediated divorce is less than $7,000. That is a large difference and can make the divorce less contentious and more affordable.
2. Less Stress
The litigation process is long, arduous, and grueling. Summons, complaints, petitions, responses, discovery, and possible investigations are all process oriented, which means they have their own unique timeline you have to surrender to. Mediation is less drawn out than litigation. It does not require parties to be represented by attorneys, and does not require judges to make decisions. You control the ability to make your own decisions. Even if the differences are non-reconcilable, mediation provides a stress-free civilized discourse for an orderly property division, child support or alimony as the case may be.
3. Level of Neutrality
A mediator is an uninterested, unbiased neutral facilitator. They have no interest in the outcome of the process, they are right in the middle. Their only interest is to help the parties reach a sustainable agreement that caters for each parties’ interest and concerns. In litigation, you face the stress of a lawyer who may be seeking a nice payday rather than the best outcome.
4. Sense of Control
Who is in a better positioned to call the shots in relation to the future of your family: you or a Judge? It’s much better to spend your time resolving your future with your spouse and a trained professional. Mediation allows for greater control over the process. Besides, when people have a resolution imposed on them by a higher authority, it’s human nature for them to engage so called “dirty play” to get their desired outcome. When you attend and actively participate in mediation, you and the other party retain control over your case. You don’t place your case, and what could be a large part of your future, in the hands of a third party to make a decision.
Divorce proceedings come with testimony and that can become public record. It means that every secret that was sacred and all your dirty laundry exposed in the proceeding is now up for public knowledge. That can become hurtful to all involved and cause deep divides between family members. Mediation is surreptitious as you won’t have to worry about the impact of your decisions on your business, reputation, public image, or those you care for.
At Family Mediation LLC, we understand separation and divorce happens. We understand the process of separation and divorce, and how divorce can hurt and be painful on a very raw level. Thus, we aim to help you use mediation as a means to get your divorce done as smoothly and cleanly as possible. That means providing an experience where the feeling leaves you breathing easy and not feeling like you are a ping-pong ball being hurled about by the paddles of lawyers and judges. Contact us today to get your free consultation and learn how we can help! We are located in Huntersville NC and serve the greater Charlotte and Lake Norman area.