Heated divorce proceedings often contribute to the expense and emotional cost of separation. Using a divorce mediator in Northern Virginia can help reduce some of these costs.
What is a Divorce Mediator?
The goal of mediation is to make the process of divorce less complicated and less adversarial. A divorce mediator is a neutral third party who facilitates discussions related to resolution of issues arising out of the marriage.
In mediation, spouses work through division of property, support requests and child custody without having a Judge decide those issues for them. Plain and simple, the parties have more control over the outcome. For those who are able to set aside strong emotions, this process can result in a smoother transition to life after divorce.
What Topics Are Covered in Mediation?
With some limited exceptions, spouses can address and potentially resolve any issue arising out of the marriage in mediation. Topics include:
- Spousal support
- The division of assets and debts
- Child support (if applicable)
- Child custody and visitation
While the mediator cannot make decisions for the divorcing couple, he or she can help guide the discussion and suggest solutions that they may not have considered.
Once the couple has agreed to terms, a skilled mediator will draft a well-written, comprehensive Settlement Agreement for both parties to review before signing. Once the couple signs the Agreement, it is submitted to the Court as part of the divorce process and becomes part of the Final Order of Divorce.
Why Consult with an Attorney When Going Through Mediation?
It is a good idea for anyone going through mediation to seek the advice of a separate attorney before the mediation process begins. This consultation will help educate the person going into mediation about his/her rights in accordance with the topics that need to be resolved. A spouse can and should consider consulting with an attorney in between sessions as well if he or she has questions about particular settlement options. Finally, each spouse will be encouraged to have an attorney of his/her selection review the mediator’s draft Agreement on his/her behalf. The goal of the review is not to undermine the settlement, but rather to ensure that the spouse understands what he/she is signing.
Why Consider Mediation?
The biggest benefits of using a mediator in Northern Virginia is that this process places the power in the hands of the divorcing couple, and avoids the uncertainty associated with having a Judge decide all of the issues. By working together, they can determine how best to separate their lives on amicable terms.
Who Benefits Most from Mediation?
Mediation works best when all parties are focused on resolving the divorce in a fair and peaceful manner. That said, mediation is not for every couple.
Here are a few characteristics of couples for whom mediation works best:
- Both spouses agree to the divorce
- Neither spouse has a history of domestic violence
- Both spouses are transparent regarding their finances
- Both spouses can discuss issues without becoming overwhelmed with heated emotion
Divorce Mediator Northern Virginia
Two CGG lawyers, David Ginsberg and Nathan Olson, provide mediation services. All of the family law lawyers at CGG offer advice to parties in mediation, before, during and after the process. To determine whether divorce mediation is right for you, schedule an initial consultation today.