One of the most popular trends in divorce negotiation is avoiding the contentious litigation in court and instead choosing to settle differences through mediation. There are many benefits to choosing divorce mediation in Virginia instead of traditional divorce proceedings if both spouses are prepared to enter into divorce negotiations with a collaborative, instead of litigious, mindset. A local Virginia divorce attorney who specializes in divorce mediation can help you navigate the process of this alternative dispute method to divorce.
How Divorce Mediation Works
Mediation for divorce is a non-binding process in which the two spouses meet outside of the courtroom with a neutral third party, the mediator, who is usually a family law attorney or retired judge. The spouses each meet with the mediator alone or with their own attorneys to discuss their individual issues before beginning the negotiation. The mediator then goes back and forth between the spouses to offer compromises and unique solutions to outstanding issues for the divorce along with the advice of your divorce attorney. These can include issues of property division, distribution of assets and debts, alimony, child custody, child support, and visitation. If an agreement can be reached, the mediator can help draft a final divorce settlement based on the mediation, or your attorney can draft the final divorce agreement to submit to the courts.
Benefits of Divorce Mediation
There are many benefits to utilizing divorce mediation over the traditional methods. First, the cost of divorce can be much lower. This includes monetary cost, time invested, and the emotional cost of divorce proceedings. The psychological and emotional toll of divorce can be significantly lessened for you and your children by using mediation. Another benefit to divorce mediation is control over scheduling. Using traditional divorce methods, you are constrained by court schedules and attorney appointments. You and your spouse can set a mutually agreed-upon time for mediation when it is convenient for you.
Divorce mediation also offers flexibility that traditional divorce proceedings do not. Mediators can offer unique solutions to issues that are specific to your family and your family’s needs. If a solution can not be found in tradition litigation, the court will usually ascribe a boilerplate solution regardless of you and your family’s personal situation. Finally, one last benefit to divorce mediation in Virginia is that it is non-binding. This means that if the situation changes and the terms of the divorce are no longer agreeable, you are not bound to them until the court makes it official. Also, if divorce mediation breaks down, the discussion and negotiation can not be used in court. The mediator can not be called as a witness and all mediation remains confidential.
Talk to a Virginia Divorce Attorney Today
If you want to learn more about divorce mediation and whether it is right for your situation, a local Virginia divorce attorney can help. Contact us today to learn more about your legal options.