Mediation can be a beneficial process for those going through a divorce. Through this process, spouses are able to meet with a third party mediator that is neutral on the matter. With this individual, they talk through their marital issues to reach outcomes for their new single lives. Spouses will talk through child custody arrangements and child support to make decisions that will support the best interests of their child. They will also decide on the division of assets for their possessions and estate. This will help to divide their lives to separate into two different residences. Alimony may also be another aspect that needs to be decided upon.
Can attorneys attend mediation sessions?
During mediation sessions, spouses are allowed to have their attorneys accompany them. They may feel more comfortable with their attorney present to represent their best interests and to keep them on track. Each spouse can have their own attorney with them.
Do mediators make decisions in mediation?
Mediation sessions are places where spouses are expected to cooperate with one another to make decisions. This process is not intended to focus on the mediator. During sessions, the mediator is intended to help guide the conversation. They do not make any decisions for the couple. Since the cooperation of both spouses is important to create a successful process, mediation may not be for everyone. It can be hard for some individuals to face their spouse that they are divorcing. For these situations, it is not recommended that these spouses undergo mediation.
When do judges make decisions for the spouses?
When a divorce becomes contested, judges may have to make decisions for the spouses during litigation. In litigation, judges make decisions on important marital issues. Since these issues can be vital to your newly divorced life, it can be intimidating to have someone else be in control of these decisions. This is why many people see mediation as a more beneficial process. Spouses may be able to reach a more desirable outcome. Judges consider many factors when deciding on issues for the couple. They will take into account all the information relating to each spouse. When children are involved, their best interests will be put first.
The divorce process can be challenging, but our team at Ilkhanoff & Silverstein are dedicated to fighting for your best interests. Since 1999, our York divorce lawyers have guided our clients through this emotional and stressful time with compassionate client service and results-driven legal counsel.