From reality television shows to personal experiences, divorce has become
increasingly apparent in today’s society and now plagues 50% of all first
marriages. The outlook for all consecutive marriages after the first is even
worse. Divorce not only affects the distressed couple, but all parties involved
including family, friends and especially children. Family law mediation works to
resolve all issues including child support, equitable distribution and custody
matters. While some couples can cordially resolve their marital differences,
there are others that will not compromise on irreconcilable issues, such as
custody of their child or ownership of the house. While traditional court
litigation is still the most common type of legal action being used for
contested divorces, there are other cost effective methods that married couples
are now considering. Divorce and family law mediation is a method of alternative
dispute resolution (ADR).
During the divorce mediation, an experienced
mediator facilitates the communication between the couple. The primary job of
the mediator is to provide information and suggestions to help resolve
differences in a civil and cost-effective manner. Depending on the fallout of
the relationship and severity of the communication breakdown caused by the
divorce, mediation may or may not be the right choice for the couple. Mediation
requires the husband and wife to be able to communicate with each other. Both
parties must feel comfortable with the selected trained mediator or the
mediation process will not be successful. The mediator does not provide legal
advice to either party. As such, both parties should have legal counsel.
However, mediation is generally far less costly than traditional litigation.
Mediation is more geared toward those who have a few areas of conflict compared
to those who have large differences. Rather than hiring an attorney, couples
choose an experienced mediator.
Mediators are generally less expensive
compared to a divorce case where attorneys handle the entire litigation. A
mediator is hired to do the majority of the leg work, resolving differences and
property disputes. If both parties split the costs associated with a mediator,
it can significantly decrease cost by simply reducing the amount of billable
hours of the attorney. At the end of the mediation process, the couple should
have a complete divorce agreement. Even when the husband and wife choose the
path of alternative dispute resolution, a licensed attorney will still be
required to draft and review the legal documents for the divorce court.
Mediation services are not only exclusive to divorce. Civil mediation can be
used in a variety of civil litigation cases, as well as employment, medical
malpractice and personal injury cases.
This article is provided by BGMS-Law.com – A law firm that specializes
in Pittsburgh Law Practices and Pittsburgh Legal Mediation.