In many cases, divorce is an unavoidable consequence of a failed marriage. Whether you decide to end your relationship peacefully or through litigation, you’ll still need to work through the legalities of the divorce process. In most cases, you and your ex-spouse will have to resolve financial issues together in a legal setting. Family mediation, on the other hand, is a type of alternative dispute resolution (ADR) that allows parties to resolve their disputes outside of court using a third party to facilitate dialogue and assist in finding solutions.In most cases, divorced couples will engage in mediation to help them decide on issues related to parenting plans, the division of community property, and child support or spousal maintenance. Family mediation can help you reach a mutually beneficial resolution while avoiding the stress and expense of a lengthy court proceeding. Depending on your circumstances, it may also help you avoid going through a divorce at all.

What is family mediation?

Family mediation is a type of alternative dispute resolution (ADR) that allows parties to resolve their disputes outside of court using a third party to facilitate dialogue and assist in finding solutions. Family mediation is a form of dispute resolution where the involved parties meet with a neutral third party (often called a family mediator) who assists them in resolving issues related to their divorce or other family-related matters, such as child custody, child support, and property settlements.The primary focus of mediation is to help the parties explore creative, collaborative solutions to their dispute. The mediator does not make decisions for the parties or impose solutions; rather, he or she helps the parties articulate their goals and explore creative solutions to resolve their differences.

Who can benefit from family mediation?

Family mediation is most effective when used as an early stage of divorce proceedings. It can be used to help parties resolve disputes related to child custody and visitation or the distribution of community property and debts. In certain circumstances, parties may also use mediation to help them decide whether to end their relationship or stay married.Family mediation is often most effective when couples are able to remain civil and communicate with one another. It can also be a useful tool for couples dealing with substance abuse, domestic violence, or extended periods of separation. Family members who are not involved in the divorce but still have a stake in the outcome of the divorce (such as children or other family members) may also benefit from family mediation.

Common issues and topics for mediation

When there is a divorce in your family, there are many issues and topics that might be resolved through family mediation. These include: - - How to split up assets – How to split up debts – How to split up debts (including student loans and credit cards) – How much time each spouse should spend with their children – How to decide who will be responsible for what expenses (such as child care or health insurance) – How to decide who will have legal and/or physical custody of their children – How to decide who will see the children on holidays and other special occasions – How to decide who will be responsible for paying for health insurance and/or uncovered medical bills – How to decide who will pay off the other's debts – How to decide who will pay alimony or other spousal maintenance – How to decide who will be responsible for paying back taxes, filing tax returns, and paying any penalties – How to decide who will pay for the children's private school tuition – How to decide who will pay for the children's extracurricular activities – How to decide who will pay the other's attorney fees – How to decide who will be responsible for keeping the other informed about the children's medical appointments, schools, and extracurricular activities – How to decide who will have the right to make final decisions about the children if they are ill or injured – Who will be responsible for paying the other's legal fees related to the divorce – How to decide who will have the right to make final decisions about the other's health care – How much time each spouse should spend on financial and/or legal issues related to the divorce – How much each spouse should pay towards the other's attorney fees – How to decide who will be responsible for paying the other's attorney fees

How is divorce resolved through mediation?

When used as part of a divorce proceeding, mediation is a type of alternative dispute resolution (ADR) where the parties meet with a neutral third party (often called a family mediator) who assists them in resolving issues related to their divorce or other family-related matters. The mediator does not make decisions for the parties or impose solutions; rather, he or she helps the parties articulate their goals and explore creative solutions to resolve their disputes related to divorce.Mediation does not replace the court system; rather, it is a supplement that can help you resolve your family disputes sooner. If you and your ex-spouse are unable to agree on how to resolve your divorce, you can still pursue mediation, but you will likely have to go to court to finalize your divorce.

Conclusion

In many cases, divorce is an unavoidable consequence of a failed marriage. Whether you decide to end your relationship peacefully or through litigation, you’ll still need to work through the legalities of the divorce process. In most cases, you and your ex-spouse will have to resolve financial issues together in a legal setting. Family mediation, on the other hand, is a type of alternative dispute resolution (ADR) that allows parties to resolve their disputes outside of court using a third party to facilitate dialogue and assist in finding solutions.In most cases, divorced couples will engage in mediation to help them decide on issues related to parenting plans, the distribution of community property, and child support or spousal maintenance. Family mediation can help you reach a mutually beneficial resolution while avoiding the stress and expense of a lengthy court proceeding. Depending on your circumstances, it may also help you avoid going through a divorce at all.