The Role of Mediation in Your Divorce

If you and your spouse are headed for a divorce, you might be unsure of how to proceed with the process, or would simply prefer to keep it out of court to avoid having to endure a nasty battle. Most couples who go through a divorce are actually able to do so without ever having to experience litigation through the process of an alternative method, such as mediation. While mediation is not the only method that can keep you and your soon-to-be ex-spouse out of court, it is one of the most frequently used approaches.

What is Mediation?

Mediation is a way for divorcing spouses to work out the terms of their divorce settlement with the assistance of a neutral third party, known as a mediator. He or she will not take sides, but rather help facilitate civil negotiations. Both parties can also choose to have their respective lawyers present to provide legal advice. The mediator is not there to make decisions for you. Instead, the mediator you hire will simply assist in helping you and your spouse figure out what is best for your circumstances.

Couples who are considering a divorce or currently involved in one should always consider mediation as an option. Some of the benefits of this approach include:

  • In comparison to a court trial or a series of hearings, mediation is much less expensive.
  • Mediation generally ends in a settlement for all of the issues in your divorce.
  • Court trials create a public record, but if you choose to go through mediation, your divorce will remain private.
  • Mediation will allow you and your spouse to reach a resolution based on your own ideas of what you believe to be fair for your situation. If a judge oversees your case, neither one of you might be pleased with his or her ruling.
  • You can still hire an attorney to provide legal advice.
  • The mediation process is helpful in improving communication between you and your spouse, which can be particularly beneficial if you share children.

Although mediation is incredibly effective and provides a vast amount of benefits for those who choose this option, it is not ideal for every couple. If domestic violence is a factor in your relationship, mediation might not be right for you. That said, some individuals who have experienced abuse in their marriage have found mediation to be empowering by allowing them to meet on a level playing field. Make sure you consult with a divorce attorney before you jump into any decisions.

Mediation Attorney in Midlothian

If you and your spouse are in the middle of a divorce or facing another complex family law matter, you need to secure skilled legal representation as soon as possible. At DeFazio Bal, we have over 50 years of combined experience in using mediation to resolve a wide range of family law matters and are committed to serving clients throughout Virginia with sound legal guidance.

Contact our office today at (804) 250-3729 to schedule a consultation with a knowledgeable member of our legal team.

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