Most of the time, couples usually have to go through mediation before the case goes to family court. Mediation is conducted in the hopes that the couple can resolve the outstanding issues they have, and come to a settlement while saving costs and avoiding litigation if possible. There are numerous benefits of divorce mediation in South Carolina.
The mediation process involves the couple meeting with a third party – the neutral mediator – to agree on a fair and complete divorce settlement. If each spouse has a divorce lawyer in Greenville, SC, the attorney can also accompany the respective spouse during mediation. The mediator guides the discussion, and the goal of this process is to find creative resolutions.
The mediator only facilitates the discussion and does not play the role of a family court judge. The judge decides for the spouse how things should be in the settlement. However, in this case, the mediator does not have the right to do this; they are only responsible for helping participants get to an amicable resolution on their own. For the final divorce agreement to be legally binding, each spouse must agree.
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The Pros of Divorce Mediation
It is very difficult to make crucial decisions all on your own, and if you want a relaxed and non-confrontational atmosphere then it is a better idea to involve an experienced mediator. There are several pros to taking part in divorce mediation sessions, such as:
More Control Over the Outcome
If you involve a skilled mediator, you increase the control you have over the divorce process and other decisions, such as the division of assets, child custody issues, and child support distribution. With a mediator, you will be able to maintain a decent relationship and decide on the terms of your suicide on your own.
Faster Resolution of Your Divorce
This is one of the biggest benefits of mediation relates. When you seek legal advice right off the bat and apply for a trial in family court, you may be stuck in an extensive process that will take up a lot of time. A family court trial can last forever
Significant Cost Savings
Settlement agreements can be extremely costly. If you do not address all the important decisions before the divorce litigation process, then you may have to hire another lawyer, which will only mean additional attorney time, which is why it is best first to get help from an experienced divorce mediator and save up on all the extra costs of divorce.
The Cons Of Divorce Meditation
While there are many pros of divorce meditation, it is also important to take note of all the cons of meditation.
Related Content: South Carolina Mediation Guidelines
There are other alternatives to mediation such as a Do It Yourself divorce but it is comparatively more expensive. However, in a DIY divorce, you will have to do a lot on your own.
Imbalance Of Power
When there is an imbalance of power you may end up losing a lot more than what you bargained for. If your ex-spouse is a bully then they might end up with the bigger share because they refuse to agree or cooperate with the mediator.
On the other hand, if the other partner has experienced domestic violence or is not very competitive, they may give up on many things without fighting for it.
If any of the spouses have a history of being untrustworthy, then the mediation may not yield good results.
Divorce Mediation Process
If you aim to go for divorce mediation, you must be familiar with the entire process before you can get on with it.
This is the first meeting of the process where both spouses sit down with the mediator and get to know each other. Here the mediator will outline what they are planning to do and learn more about the situation at hand. This is not the time for spouses to argue over something but they need to calmly give a clear picture of the situation and what they expect to come out of it.
Collection Of Information
This is where the mediator collects all the extra information that is essential for them to come to a decision. Spouses can bring in any piece of information they think can help with the case. The mediator may begin her questioning session which can help them judge the situation better and collect facts.
In this step, the spouses are asked to talk about their needs and interests and what they have come to that conclusion. They can discuss the outcomes each of them wants to drive from the situation. This can give the mediator the main idea of the conflicts between them so they can address it in the next step of the process.
In this stage, the mediator will steer the conversation toward negotiations. Keeping the situation in mind, they will offer multiple solutions and it will depend on the spouses to go for a solution that gives both of them the best outcomes possible. Both parties should be prepared to make some compromises and let the mediator find a middle ground with their negotiations.
Contact an Experienced Greenville Family Law Attorney Today
If you are looking for creative solutions, then you must get in touch with legal counsel who has complete knowledge of family law and can help you with your complicated divorce. Greenville Family Attorney has the answers you seek!