Divorce Mediation: Two Questions New Clients Often Have
Divorcing your spouse can be an emotionally draining experience for almost anyone to go through. In addition to the emotional and financial stress caused by these proceedings, it is common for people to have a misunderstanding or lack of information about this process. This may cause them additional stress by giving them false fears and expectations about what to anticipate from going through this. In particular, the mediation aspect of a divorce can be rather puzzling to some clients, but after having some common mediation concerns addressed, you will have a much stronger understanding and appreciation for this process.
Will You Have To Be In The Same Room With Your Spouse During Mediation?
It is common for divorcing spouses to have a tremendous amount of ill will towards each other. As a result, they may not enjoy the idea of having to spend an entire day in the same room with each other. Fortunately, this is not a concern that you should have about the process of mediating your divorce.
During a mediation, you and your spouse will be put in separate rooms with your legal counsel. The mediator will essentially act a messenger between the two parties. This will help to avoid personal spats between the divorcing parties while also helping to resolve the issues surrounding the divorce as quickly as possible.
What Happens If Your Spouse Refuses To Cooperate During Mediation?
There may be times when one spouse is absolutely against the idea of divorcing or compromising with their spouse. When this is the case, there is a strong chance that they may avoid agreeing to any terms during the mediation process. This can cause you to understandably feel a tremendous amount of stress, but it should be noted that this cannot be a strategy for indefinitely delaying the divorce.
If the two parties are unable to come to terms during mediation, a judge will likely rule on the case. During the ruling, the judge will divide the assets between the two parties and settle any issues of custody that may be outstanding. While mediation can be the more efficient option for settling divorces, a judge can intervene when one spouse is intentionally delaying or refusing to cooperate.
Mediation can be one of the most efficient options for quickly resolving the contentious issues surrounding a divorce. Knowing that you will not have to be in the same room with your spouse during this process and what happens if an agreement is not reached should help you to be better prepared for having a productive mediation.
Talk with a family law attorney, such as those at Mills & Mills Law Group, for more information about mediation and the divorce process.