Mediation is a way to help you and your spouse resolve such disputed issues as child custody, spousal support, and the division of marital property. If mediation is successful, it can keep you out of the courtroom and prevent litigation battles which can take their toll on you both financially and emotionally. Also, it is a private process which means that your divorce issues will not be discussed in a public forum such as a courtroom for others to hear. Mediation provides you much more control over the resolution of the issues at hand. Instead of a judge deciding these matters, you will be working them out between you and your spouse.
Growing in popularity nowadays, many divorcing couples are turning to Divorce Mediation rather than litigation. Couples using Divorce Mediation are able to work together under the guidance of an experienced mediator to reach a mutually acceptable divorce settlement.
Divorce Mediation is your best alternate to fighting long and costly battles in Court and is designed to allow an impartial attorney to work with both parties to negotiate an amicable resolution of all issues in their divorce. This mediation is accomplished through a series of informal sessions at our office with an attorney acting as the mediator. All sessions are handled outside of the courtroom by a professional attorney who represents both parties impartially, providing unbiased advice and ideas on how to reach a mutually acceptable agreement.
Once those ideas are agreed upon by divorcing parties, the mediator is able to draft a written settlement agreement which will act as your divorce stipulation.
Using mediation to resolve your differences with your spouse outside of Court can save you time, money, and heartache. This method is a highly preferred method for reaching a settlement that keeps you from becoming embroiled in an adversarial divorce litigation process. This is obviously something that you want to avoid.
Only you and your spouse hold the answer to that question. Since Divorce Mediation is a voluntary process, both parties must be willing to participate in the process and be committed to resolving their differences. To help better determine if you are a candidate for Divorce Mediation, you should sit down with your spouse and both be able to answer "Yes" to the following questions:
Do I have the ability to compromise with my spouse for purposes of resolving our divorce issues?
Can I keep an open mind and listen to the advice of a mediator?
Am I able to put the needs of my child or children first?
Is my focus to resolve difficult issues outside of Court and I am not focused on "winning" at all costs? If both you and your spouse answered "yes" to all of these questions, then you are most likely a good candidate to start the Divorce Mediation process. Your next step it to contact our office to set up an appointment for a consultation.
Mediation is not a viable solution for many families, as divorce proceedings can be volatile and complex. If you are interested in the benefits of this alternative process, you and your spouse must fully understand the conditions necessary:
Both spouses must agree to give the other the opportunity to communicate their needs, expectations, and wishes freely during the process.
Both spouses must agree to full financial disclosure.
Both parties must be entirely dedicated to doing everything in their powers to negotiating their issues with a mediator outside of the courtroom.
Depending upon the complexity of the issues involved, Divorce Mediation can take as little as a few hours. In cases where complex issues are involved, obviously the process can take significantly longer. During the mediation process, couples will resolve issues such as child custody, support issues, property division and other complex matters.
Divorce Mediation is one of the most affordable ways to achieve a divorce. By using one impartial mediator, you do not have to appear in Court, hire separate attorneys, and spend months or even years litigating in front of a judge in a public courtroom. Often, our office can do an entire mediation on a flat fee basis, and payment plans are available making your mediation even more affordable.
When considering the benefits of Divorce Mediation, keep in mind that some 95 percent of all divorces are ultimately settled by an agreement negotiated between the attorneys after expensive and time consuming litigation. With mediation, you bypass the "expensive and time consuming" stages and immediately tackle the issues at hand that would otherwise be litigated in Court. The couple has complete control and freedom to determine the issues that are really important to them, and negotiate settlements that address their own specific needs.
In the end, your mediated divorce will cost a fraction of a litigated divorce case, take far less time to complete, and will save your family from the emotional upheaval of a messy divorce. Additionally, you will send a message to your spouse and family that you want to put the needs of your family first by promoting a positive atmosphere through effective communication and cooperation between the parties.
The answer is quite simple. Talk to your spouse. Our office provides a free consultation, which should include both spouses meeting with our attorney at the same time. At that consultation, you will learn valuable information about the mediation process and leave with all the information necessary to determine if Divorce Mediation is right for you and your spouse.
Once you make the decision to move forward, the process is simple. You will make an appointment to start the Divorce Mediation process. In just a few short weeks, you will be well underway to resolving all of your marital issues! Don't worry, your divorce mediator is a trained matrimonial attorney and professional mediator. There are no issues too large or complex that we cannot deal with and find a mutually acceptable solution. We are highly trained and professional in this aspect of the law.
Maybe you have read about mediation, but you do not feel comfortable with it because you have concerns about getting all the information you need and having some protection during the divorce process. Perhaps you want to avoid the financial and emotional cost of litigation, but you still do not feel comfortable sitting in a room and negotiating for yourself without a legal representative.
Collaborative Law allows you to be represented by an attorney in a process where you and your spouse agree that the goal is a peaceful settlement which maximizes the benefits to the family. You will use interest based negotiation, which is the same technique used in mediation, but you will have an attorney by your side to guide you when necessary.
In Collaborative Law cases, the attorneys and parties agree that they will not go to Court and will instead focus their energies on settlement. This allows you and your spouse to control certain aspects of your divorce, such as the cost and the timing. The attorneys will assist you in generating possible solutions to the various problems facing your family, including custody, support and property division. When you enter into an agreement you will have had the opportunity to assess all options and to make sure that you have reached the best possible resolution for your family.
Collaborative Law resolves divorce disputes outside the court system. It anticipates cooperation and full disclosure between the parties. It combines the ease of mediation and some of the resources of litigation, for what can be a superior process, depending upon your circumstances. Participants, if they choose, can agree to use professional coaches, mental health professionals, neutral financial experts and other professionals to help facilitate a resolution of the issues. Collaborative Law permits the divorcing couple to control the process, rather than putting their lives in the hands of a Judge. Additionally, it usually saves each party money by reducing the steps involved and sharing the costs of necessary experts. Confidentiality is also protected in the process.
If you would like to discuss whether the Collaborative Law process might be right for your situation, please contact Zimmer & Associates to schedule a consultation.
A Great Divorce Mediator!
After many consultations with other lawyers, my husband and I decided to use Mr. Zimmer for our divorce mediation. We just felt really comfortable and relaxed with him. I think our consultation went an hour and a half we talked about everything. This is one patient man and a great mediator I must say. It took two sessions and our case was completely settled. We had custody, visitation, support, the
house, the cars, and our assets cleanly resolved. We did not want to fight things out in court but had our differences. I don't think we could have gottren a better result. All of us working together made my ex husband and I better as friends and parents.
-Leslie and John