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Cary Divorce Mediation

Couples who have decided it’s time for divorce tend to have difficult-to-resolve conflicts. However, divorcing partners with unresolved issues can still part ways amicably with the aid of a highly skilled mediator. Divorce mediation is a more approachable and friendly way to solve divorce-related issues. It can spare you the time and stress of going to court to painstakingly handle subsequent issues such as custody, child support, and alimony. Read on to find out the benefits of embracing divorce mediation as well as the importance of involving an experienced Cary divorce mediator.

How Does Mediation Work?

Mediation is a method of alternative dispute resolution that uses a mediator. The mediator acts as a neutral third party to help the divorcing couples reach a mutual agreement, where hopefully both spouses are happy with the outcome. The main objective of mediation is to help spouses agree on how they will face the significant matters that will arise due to the dissolution of their marriage. Moreover, it seeks to save them the extra time, expenses, and stress involved in going to court.

The mediator works to help spouses reach acceptable compromises. Unlike judges, mediators do not impose a decision. The spouses, with the help of their individual lawyers, will be the ones to actually come to a decision. Instead, the mediator will listen and help direct the conversation in order to resolve any challenging or seemingly insurmountable conflicts.

What Are The Benefits Of Mediation For Divorce?

Divorce mediation involves the divorcing couple having a conversation guided by a certified family financial mediator who plays the role of an objective third party. The partners are free to choose how and where to start the mediation to try and work through the issues that arise at the termination of their marriage.

The mediation process is beneficial for numerous reasons. For one, a mediator can help the spouses resolve some of the challenging and daunting marital issues such as division of debts, child visitation, child custody, distribution of marital assets, payment of spousal support, and payment of child support. This way, the partners can come into a mutual agreement on how they can go about the above issues and do not have to leave the decision up to a judge.

Other benefits are as follows:

  • It allows the couple to take an active role in making decisions about some issues such as child custody and support, spousal support, and distribution of assets, instead of having a judge make the decisions for them.
  • Usually, mediation takes place in a more comfortable, informal setting compared to the formality of a courtroom.
  • Mediation is more flexible as it allows the couples to set the schedule as well as time limits for their meetings.
  • Mediation remains confidential, making it easier for the couples to discuss all matters and go into details. The court is an open forum, and it may not be comfortable for some couples.
  • The mediator is neutral and does not represent any side as legal counsel.
  • Mediation involving child custody ensures that the decisions about children are made by those who know their children best, rather than a judge who can impose a decision.
  • This ensures that the couple keeps their children’s upbringing in mind.
  • The couples are more likely to stick to the terms of settlement since they voluntarily agreed to a compromise through mediation.
  • Mediation divorce agreements generally do not need many modifications, and this avoids future legal expenses.

The Role Of A Mediator

Unlike in the case of an arbitrator, a family law mediator does not listen to testimony and evidence to decide who is right or wrong. They are a neutral go-between who guides negotiations between the couple that finds it hard to resolve issues on their own. Basically, their role is to carefully listen to the concerns brought up and guide the discussion to eventually lead to a constructive resolution.

Mediators are trained individuals who identify the points of contention and ensure that the negotiations are focused on practical conflict resolution methods rather than bringing up old battles. The emphasis is more on how the two partners will interact later after parting ways. This becomes even more important in a case where children are involved.
A mediator will also help quickly reconcile minor misunderstandings which are natural when going through such an emotional process. Furthermore, they offer an objective and realistic understanding of each spouse’s position and how best to go about resolving any differences of opinion. In the process, both partners are saved from the hefty costs associated with going to court if they fail to sort out such challenging issues early on.

Why A Divorce Lawyer Makes The Best Mediator

When choosing a mediator, a divorcing couple has many options. A counselor, therapist, minister, pastor, or priest could all serve as mediators, but we believe that an experienced divorce lawyer is always going to be the best option when entering into mediation for divorce or separation. A family law attorney who has extensive experience handling the legal aspects of a divorce will be best equipped to make sure that no detail is overlooked when coming to a resolution on each aspect of the divorce.

Finding The Best Cary Divorce Mediation Lawyer For You

Whether you need an experienced family lawyer to act as your mediator, or if you are entering into mediation and need a divorce lawyer to represent you, the attorneys at Triangle Smart Divorce can help. We have helped many clients throughout the years resolve their issues through mediation and we have the experience and certifications necessary to help you too. If you and your spouse are ready to reach an agreement and address your current needs by working through the legal issues impacting the family’s life, contact us today to schedule a call with a Cary divorce mediation lawyer.

 

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Frequently Asked Questions

How do I prepare for divorce mediation?

When preparing for mediation, here are a few things you should consider:

  • Jot down a list of the topics that are most important for you to resolve
  • Give yourself realistic expectations about the possible outcomes
  • Think about the topics that could be potentially triggering, and have a plan for how you would like to discuss them
  • Bring as much documentation as possible — think pay stubs, a list of all assets, tax returns, marriage certificate, a prenup, and anything else that might be applicable
  • Be kind to yourself. Even with mediation, divorce can be stressful. Make sure to get some rest before your mediation sessions

Should I have a lawyer for mediation?

Yes, it is always advisable for each party to bring a lawyer with them to mediation. Once all disputes have been resolved and each party agrees to the terms, a divorce decree, separation agreement, or consent order will need to be drawn up. Because the mediator MUST be an impartial third party, they cannot be the one to draft this. If each party has a divorce lawyer with them at the time of mediation, they will be able to represent their client and draft all necessary documents.

Is mediation cheaper than divorce?

In almost every single scenario, yes, mediation is going to be a more cost-effective way to resolve the challenges that arise during a divorce. Mediation is also usually far less stressful and time-consuming than going to court.

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