Opting for a mediated divorce can be preferable in many cases, but it does have its disadvantages, too. Hiring a third-party mediator will allow an objective perspective into your disputes, and is generally a more civil, quiet, and low-cost alternative to a full-on court case. Of course, mediated divorce proceedings can be easily derailed and if one party decides to abandon the negotiation process, you will have wasted a great deal of your time and funds. The way mediation works is that an objective third party assists a couple in separating agreeably. Rather than lawyers and judges calling the shots, the couple spearheads the negotiation process, and the write out whatever the terms of agreement are settled upon.

The mediator transcribes the proceedings, rather than a court reporter, and the transcripts are given to each party for approval. If further negotiations are necessary they will take place at this point. Many individuals find this method more personal, as both parties can work through their feelings in a way that is not acceptable or relevant in the typical courtroom. Mediated divorce proceedings generally have more positive results like amicable separation and a lower occurrence of reneging on any agreements made during the process.

Mediators are not practitioners of formal law, and so dealing with a mediator is quite a different scenario than dealing with an attorney. Like psychologists, mediators are bound by confidentiality, so keep that in mind, because what you divulge in the presence of the mediator cannot be made public afterward. This factor is usually welcomed by both parties, as it ensures a greater measure of discretion and civility regarding sensitive, personal details. Both parties are also prohibited from using details divulged during mediation later, should they decide to abandon the mediation process in favor of the courtroom. Another benefit of mediation is the scheduling. A mediator cannot order you to appear on a particular day and time the way the courts will, and you and your spouse can take the time you need to work out your differences without completely throwing your lives off track.

Of course mediation is far from the perfect option for most couples. That’s because mediators are not legal professionals and are therefore unable to offer sound legal counseling. The service a mediator offers is closer to what you would get from a psychologist or marriage counselor. They are merely there to help you navigate through the emotional turmoil and stay focused on what needs to be done.

Most couples facing divorce fail to take this into consideration and so do not seek advice from a lawyer until after the proceedings. This can be dangerous considering the monetary and mental expense of divorce, not to mention the effect of your decisions on your children. If you would like to try mediation, but are unsure about the consequences of taking on such a huge life decision without legal assistance, do not make the mistake of making an agreement, then asking for a lawyer’s assistance. Perhaps you should instead consider collaborative law.

Check out www.EphraimLaw.com here. Click this link here for Loudoun County divorce information.

Check out http://ephraimlaw.com/. Click this link http://ephraimlaw.com/loudoun-divorce-lawyer.php for Loudoun County divorce information.

Author Bio: Check out www.EphraimLaw.com here. Click this link here for Loudoun County divorce information.

Category: Marriage
Keywords: Family, Legal, Advise