People getting divorced often end up in ugly situations where they are unable to resolve differences with their respective spouses. Divorce is a stressful time, and you would want to get out of the legal mess as soon as possible. Unfortunately, before you can get a divorce in Boston, you have to ensure that you and your spouse agree on major issues. If that seems impossible, you are likely to have a contested divorce, which can take longer. While going to court may seem like an obvious decision, litigation is not the only option. You have the choice of mediation, and attorneys of top law firms like Turco Legal, P.C. can help. In this post, let’s look at divorce mediation in detail.
Litigation is expensive
If you check the numbers or talk to people who have been through contested divorces and litigation, you will realize that costs add up in no time. Divorce lawyers usually charge an hourly rate, and when you decide to go for a trial, the process is daunting and time-consuming. Your lawyer will have to invest considerable time and effort, which requires them to gather evidence, go for hearings, hire expert witnesses, and do other things. You pay for all the hours spent by your attorney. In contrast, mediation is often cheaper, and while mediation attorneys will charge an hourly rate, the process is simpler and straightforward.
What exactly is mediation?
In simple words, mediation is the process in which the separating spouses agree to resolve issues before a third party, called the mediator. Mediators remain neutral and help the divorcing couple find a common ground. Unlike judges, mediators don’t essentially give judgments. Instead, the process is voluntary, and neither party will be forced to accept anything. Mediators are great listeners, and having a third set of eyes on the divorce allows spouses to see things better. The process happens in a conference room, and both parties are allowed to bring their lawyers. However, mediation isn’t like a contested hearing. There is no need to present evidence or arguments, and mediators can only suggest but cannot decide anything. Parties can go to a separate room with the mediator if necessary.
Should you consider mediation?
Mediation usually works for most couples, especially for those who want to resolve things and don’t want to add to the complications. For instance, you and your spouse may agree on child custody & support matters but may not agree on alimony. Mediation gives you a space to talk. Mediation isn’t the ideal option when there is a history of domestic violence, or one or both parties decide not to cooperate. You have to step into the process with good faith and must be communicative and willing to listen.
What are the common issues discussed in mediation?
No two divorces are the same, and in mediation, a divorcing couple can discuss one or more issues. The list includes matters like child custody, child support, division of assets & debts, alimony, businesses, and tax issues. Mediation can take much longer time when there are multiple issues to sort.
Choosing the Right Mediation Lawyer
Not all mediation lawyers have the same level of experience, and you should look for an attorney specializing in family law with a track record of helping clients with mediation. Find someone who can be on your side and offer genuine, unbiased legal advice. Remember, there is no reason why your spouse will dominate the mediation sessions, and the mediator will ensure that. However, having an attorney ensures you don’t feel the pressure to accept things you don’t want.
Find a mediation lawyer in Boston now!