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Divorce Vs. Mediation

Going through a divorce can be overwhelming. Most people just want it to be over as soon as possible. However, the process of going through a divorce often involves many decisions that, if rushed, could lead to potential pitfalls in the future. Divorce proceedings often involve a lot of stress, delays, and expenses, and although some start out peaceful, they can quickly turn into highly contested and heated disputes. More often than not, divorce issues revolve around one of “the big three” in family law: children, finances, or property.

Divorce clients often have many questions. How can my soon to be a former spouse and I resolve these significant issues amicably? What role does the method my attorney employs play in the final outcome? Is there an easier way than a formal court hearing to resolve our contested issues? A lesser-known option that may work for you if you are in need of a divorce could be the use of mediation.

Every couple and their specific situation is unique, and there is no right or wrong answer for every set of circumstances. Nonetheless, the decision of how to go about seeking your divorce could be the difference between a successful settlement or an intense conflict. If you are facing the possibility of a divorce, contact Call & Gentry Law Group to discuss your situation with an experienced and friendly Jefferson City Divorce Attorney.

What Is Mediation?

Mediation is a method of dispute resolution that revolves around the involvement of a “mediator” – an independent (neutral) third-party that does not directly represent the interests of the wife or husband in the divorce. The mediator works to facilitate a resolution of the couple’s disputes and tries to formulate a settlement between the wife and husband that can ultimately be passed through the court without the need for contested hearings, extensive court proceedings, and months or years of litigation.

Mediators address the main points of the couple’s dispute and attempt to find a mutually agreeable solution for all involved. They are not mandated to make any decisions or judgments, make no formal rulings on the case, and often point out the strengths and weaknesses of each side’s case based on their experience. For the mediation process to work, both parties must be committed to working towards a resolution. In recent years, mediation has gained popularity in virtually all civil cases, particularly family law matters like divorce and child custody. The process is relatively cheap compared to standard litigation and is often significantly less stressful for the parties involved.

When is a Divorce Necessary?

When couples are unable to reach a resolution despite their best efforts to reconcile their marriage, each spouse usually hires an attorney, and the divorce litigation process begins. One or both sides “file” for divorce, and the alimony, child support, property division, parenting plan, and child custody paperwork and hearings soon follow in court.

 

The judge assigned to the case then makes rulings based on the evidence presented by each side’s attorney through a process that can take many months or even years, and often leaves both husband and wife thinking the other side got the better end of the deal.

Mediation – An Effective Tool

Ultimately, whether your divorce dispute can be resolved through the use of mediation will depend on the specifics of your situation. If both sides can exhibit some goodwill and understanding along the way, and most importantly, are able to show respect to their soon to be ex-spouse under the admittedly difficult circumstances, mediation can be a highly effective tool.

Talk to a Jefferson City Divorce Attorney

Our team at Call & Gentry Law Group is dedicated to helping our clients throughout all aspects of their family law, child custody, or divorce disputes with the hope of reaching an amicable resolution for them and their families as quickly as possible. If you are in need of a divorce, give Emily Fretwell, a highly experienced divorce attorney in Jefferson City, a call today at (573) 644-6090 to schedule a consultation to determine your best options, and to see if mediation may be a viable option for you to help resolve your divorce dispute.

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