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How does a divorce mediation process differ from a regular divorce?
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The divorce mediation process differs from a regular divorce because the issues are decided outside of court instead of in it. In a traditional standard divorce as most people imagine a divorce to be, each party gets a lawyer and that lawyer goes in front of a judge. The lawyers present opposing evidence and arguments and the judge decides who gets what assets, what support and what time with the children. The traditional notion of divorce is a hostile one, with spouses pitted against each other and often not speaking except in court or through their lawyers. A mediation divorce is a simpler, less expensive and often better way to get a divorce.
In a mediation divorce, you and your spouse and your lawyers will work with an independent third party mediator who you hire and pay. The mediator is there to help you to come to an agreement that works for you and your former spouse. His job is to lead a discussion and facilitate a discussion and get you and your spouse to find compromises that work. The mediator- unlike a judge- doesn't side with one party or the other or make rulings or issue commands. Instead, he helps you to work something out on your own.
Whatever you work out is then drafted into a divorce settlement agreement which the court signs off on and which becomes binding. Mediation works best if you are actually able to deal with your spouse on a calm level and are willing to compromise. Having a lawyer can greatly assist in the mediation process as well, as it makes it much simpler to avoid getting overly emotional and being unable to compromise as a result.
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