When spouses get divorced, it is often the case that those spouses do not agree on the terms of their divorce. When this happens, their divorce can become all the more complicated, as they will generally enter the litigation process, wherein a judge will decide, in a courtroom setting, the terms of their divorce, including child custody, alimony, property division, and more. This is extremely stressful for many divorcing spouses, as litigation typically encompasses high attorney fees, a long, drawn-out process, and, additionally, the litigation process is oftentimes a very hostile one. For this very reason, many spouses find themselves wondering if there is another way. Fortunately, there is. Please continue reading and speak with our experienced Pennsylvania divorce mediator to learn more about divorce mediation and why it may be your best option going forward.
What Is Divorce Mediation in Pennsylvania?
Mediation is a form of alternative dispute resolution (ADR) that many couples going through the divorce process utilize. Unlike litigation, in which your case will be argued and decided in court, mediation allows you and your spouse more control over the outcome. It’s important to understand that, while the court can encourage mediation, it cannot force participation, and a couple must agree to attempt mediation.
The central focus of mediation revolves around the mediation. This is a third-party individual who will guide conversations. The goal of mediation is for you and your spouse to decide on the contested issues of your divorce, like property division, child custody, and alimony, in a low-conflict, confidential setting.
What Does a Mediator Do?
The mediator, as mentioned, is a third-party individual. They are responsible for facilitating conversation between the parties to ensure that each party feels heard during this process. The mediator can also identify solutions and help couples reach a compromise when at an impasse.
It is critical to understand that the mediator is a neutral party. This means they will not take sides or assign blame to either party. Additionally, the mediator will not impose decisions, and they cannot provide legal advice to either party.
Can Attorneys Participate in Mediation?
It’s important to understand that, while having an attorney present for your mediation session is not required, it can help protect your best interests during the process. Having an attorney to represent you during this time can help ensure that you understand the full scope of proposed agreements before signing documents to prevent you from agreeing to unfavorable terms.
Benefits of Choosing Mediation Over Litigation
When going through a divorce, it’s critical to familiarize yourself with the different options available. This can ensure you pick the most effective avenue for your unique circumstances. As such, if you are unsure why you may wish to participate in mediation over traditional litigation, the following explores some of the primary benefits.
More Peaceful and Private Process
When litigating a divorce, it can be incredibly stressful. Not only is this an emotional time, but appearing in front of a judge can be overwhelming. Additionally, litigation can quickly turn nasty, leading to adversarial interaction.
Instead, mediation offers the benefits of:
- No courtroom setting
- Better scheduling flexibility
- Preservation of relationships (ideal for co-parents)
- Confidentiality
When you file for divorce, the details will become public record. However, due to the confidential nature of mediation, only you, your spouse, your attorneys, and the mediator will know what happens during the session. This can help protect your privacy.
Lower Cost Than Litigation
Many couples in Pennsylvania will find that filing for divorce can cost thousands of dollars in legal fees, court costs, and time taken off work. However, as mediation occurs around your schedules, you won’t have to worry about taking time away from work or paying pricey court fees.
Additionally, you’ll find that the collaborative nature of mediation can help speed up the process, allowing you and your spouse to move on from this process at a faster rate than litigation would offer.
Better Outcomes for Children
Divorce can be stressful for everyone involved, including any children the couple shares. Mediation can be incredibly beneficial for your family, as:
- Sessions move at your pace
- You may reach faster resolutions
- There is often less hostility between parents
- It reduces the emotional burden
- Gives parents more control over the parenting schedule that works for them
- Demonstrates the ability to cooperate
When Mediation May Not Be the Best Choice
While mediation can undoubtedly be beneficial, like most things, this option may not be the best choice for some couples.
As such, mediation may not be right for you if:
- There is a history of domestic violence in your relationship
- There is a power imbalance between you and your spouse
- One spouse is hiding assets
- One spouse refuses to cooperate
- There is an extreme breakdown of communication between you and your spouse
How Mediation Works Step-By-Step in Pennsylvania
If you and your spouse are considering mediation, it’s important to understand what to expect during this process.
Step 1: Initial Consultation
During your first consultation with the mediator, you and your spouse will divulge the issues that you are facing in your divorce, as well as your goals and what you both hope to achieve. It’s important to truly take note of the wants of your spouse during this time, as it can help you learn whether or not your goals align. This information will also help the mediator develop a plan moving forward.
Step 2: Information Sharing
During mediation, you and your spouse provide the mediator with information and documents regarding your case. This includes:
- Full financial disclosure
- All legal documents issued by the court
- Current parenting schedules
- Information about your children
- Current household expenses and bills
Step 3: Mediation Sessions
During mediation sessions, which typically last two hours, the mediator will begin by guiding the conversation, allowing you and your spouse to work out the details. Depending on your circumstances, you and your spouse may be in the same room, or in separate rooms while the mediator moves back and forth between you and your spouse. It’s important to understand that you should feel comfortable speaking your mind and explaining your thoughts on these complex topics.
Step 4: Drafting the Marital Settlement Agreement
When you and your spouse are able to compromise on all issues at hand, the mediator will draft a divorce agreement. This document will contain the matters discussed during the session, such as:
- Legal and physical custody arrangements
- Parenting schedules, including holidays and special occasions
- Child support amounts
- Alimony agreements
- Division of property, including the allocation of joint debts
- Insurance responsibilities
- Any other specific matters you and your spouse have agreed upon
You and your spouse will each have the opportunity to review the draft with your attorney. You should not sign this document until your attorney has examined it to ensure that it reflects the discussions during the mediation session, as well as your best interests.
Step 5: Filing for Divorce in Pennsylvania
Once you and your spouse sign the agreement, you can proceed with filing for the divorce. One spouse will file an official complaint for divorce in the appropriate county( Lancaster, York, Cumberland, etc). A copy of the marital settlement agreement created in mediation will be attached to the petition and will be implemented as the divorce decree.
It’s important to understand that, because you and your spouse reached an agreement in mediation, you will not need to hold a hearing to finalize the issues at hand. Instead, they will simply issue the final divorce decree, signifying the end of your marriage.
Contact Our Experienced York County Divorce Lawyers
Going through a divorce is a complex emotional, financial, and legal matter. Not only are you mourning the loss of an important relationship, but when you must decide matters like alimony, property division, and child support, it can be overwhelming. As such, it is in your best interest to connect with an experienced divorce attorney to help you during these difficult times. At Ilkhanoff & Silverstein, our team will do everything possible to help you through these difficult times. When you need help, contact us today to learn how we can fight for you.
