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Mediation Basics – What Is Mediation And How It Works

Published / by Gryffin / Leave a Comment

Mediation is one of the best ways to come to a mutually agreed solution in case of divorce. A family attorney is hired from both sides and a neutral party is present in between that foresees and resolves the issues. Here are a few of the basic tips required for divorce mediation.

Agreeing To Mediate

Agreeing to discuss a problem is the first thing that you and your spouse should do. Communication is the key to problem-solving. Both parties hire the best divorce lawyers they can find and a mediator that sees through that the terms and conditions for child custody, child support and spousal support are mutually agreed upon. It can only be achieved if you say yes to the mediating for your divorce.

Mediation is cheaper than a trial and the sessions are strictly confidential unlike in a court. Mediation is confined to your living room with your lawyers and your spouse. Almost 90% of the mediation processes end up in a mutual agreement and settlement upon the problems that were previously impossible to solve.

Gathering All the Relevant Information

The mediation should gather the relevant information and listen to the problems of both of the parties.  It is important that the spouses tell the facts that can help them with their case. Mediator’s job is to ensure the goodwill between both parties and gathering their information. If someone fails to provide information or the fact is somewhat in dispute then the mediator shall ask for evidence. If the evidence is failed to be given then the mediator will find ways to try and get that information.

The first thing to be discussed is the legal issues like insurance policies, property distribution and child custody. Basically, all the necessary information is gathered in front of your family attorney for the mediator to use and come up with a solution. This is usually done within the first or second session.

Finding Similar Interests

The next stage is called the framing stage and here the mediator tries to convince a person about their spouse’s concerns and interests. The awareness of concerns, goals and priorities are established. There may be times when both of the parties’s interests will be similar and that’s where a mediator will see an opportunity of striking an agreement between both of them.

Not only that, the main area of focus is around the individual needs and interests that should be compromised by both parties. This session is mostly taken separately so that there are no arguments, debates and negativity in the environment.

Negotiations

The negotiations are then made with both of the parties in front of their divorce lawyers that they have hired. With all the information of spouses and their needs and interests within the mediator’s disposal, it is fairly easy for them to come up with a settlement that is suitable for both parties. There will be some backlash from the spouses and there will be some negotiations on the settlements. This goes on for quite a while but in the end the needs and requirements are narrowed down to meet an agreement from both parties and their divorce lawyers. Make sure that the settlement is fair and there should be no loss of one spouse while the other is gaining from it.

Final Stage

When the settlement is agreed upon, it is time for paperwork. The written statement consists of the essential points of the settlement that both of you agreed upon. This document is sent to both parties to have reviewed with their divorce lawyers. Once the reviewing and changes are done, the document is signed and filed into court for an official divorce.

These were the basics of divorce mediation. There are many advantages of mediation like it is fair because of the third party who has nothing to gain or lose. Not only that, the time and money are saved in comparison to actually going to court for divorce.

A mutually agreed-upon settlement in front of the best divorce lawyers Fairfax VA by a mediator has proven to be very fruitful in divorce proceedings. It has low risks and spouse seeking divorce should definitely hire a mediator to settle their arguments.

7 Common Divorce Problems And Solutions

Published / by ZCBN / Leave a Comment

Divorce is the most unpleasant thing in any marriage one could ever think of, however, your family lawyer plays a very important role in such matters. There are some of most common problems and solutions in divorce that one should really think about. Let’s have a quick look at them,

Problems in Divorce

  1. Communication Gap

It is one the most common problem that couples face when one or both partners are not communicating enough with each other. It might be because of nature of job that you or your partner is doing or there is lack of understanding leading to preferring silence more than talking. There could be several other reasons for communication gap as well as per the divorce lawyers which needs to be addressed well on time.

  1. Mismatching Chemistry

It is a universal fact that no two people can have same kind of nature completely so it is very stupid to expect a prince charming or a perfect queen in your spouse. Your family lawyer can better make you understand that matching chemistry it is not necessary in all cases and you can even see many example in your own family as well.

  1. Complaining Attitude

There are some people who are always complaining about everything in their life and this attitude can make a major problem in any marriage. Your spouse may get irritated when every time there is a new complain to address instead of cheering the time you spend together.

  1. Suffering Children

You should be well aware of the fact that your kids are the ones to suffer most in your divorce than you both. Fighting in front of them may lead to psychological problems, depression and anxiety issues in a very young age which many parents does not consider in most divorce cases. Divorce lawyers share their experience of the most suffering kids in divorces where many of them keep suffering even in their teenage or more. Be it legal documentation, financial division or emotional stress, children suffer more than parents.

  1. Monetary Issues

It is the most important factor of all which leads to divorce mostly. It might be like your spouse earns more than you or only one partner is earning and not providing enough to run home smoothly. But there are several other factors too which needs to be considered before reaching to an extreme decision of divorce.

Solutions for divorce problems

  1. Be Flexible for Financial Problems

It is very important in anyone’s life but don’t make it this important which can make your life hell. Money is good and very important too but it is not everything of course. May be your spouse is expecting you to spend efficiently or keep record of all expenses so you both can control it easily. Or maybe you are spending much more on your extra needs like party and hanging out while your family need it more. Analyze yourself and your partner to make things work out in bet possible way.

  1. Communicate

Involve your family lawyer once the thought of divorce just strikes your mind. It is not a good thing and you need to talk to both; your lawyer and of course your spouse. Try to clear things first between you both which you think are possible reasons that made you think like that. Try to spend as much time with your spouse as possible before reaching to any decision.

  1. Give Some Space to Your Spouse and Understand the Circumstances

You need to understand that your spouse is a human as well and needs to be pampered and taken care of sometimes. Don’t be too hard on circumstance which is not in your favor as your spouse might be making best possible efforts to make things work out. Cooperate with your partner and try to understand things as much as you can if it helps in saving a marriage.

  1. Separate Counseling of Each Partner

When you contact a divorce lawyer Alexandria VA, it is obvious that a separate counselling of each partner will be conducted. Be flexible and neutral during these sessions as it is a decision of your whole life. Stop thinking negative about everything ad try to focus on positive points so you can better concentrate on these sessions.