In some cases, mediation sessions can take place with the mediator present and the spouses (often called a “joint meeting”). The mediator may meet each spouse individually during the mediation process (often referred to as “private caucus”) It is a way to get spouses to find common ground.
The law protects “mediation confidentiality”. In most states, “mediation confidentiality” is protected by law. Mediation is more satisfactory to spouses than the litigation process. The reason for this is that mediation has several advantages. One of these benefits is the ability to discuss interests divorce with spouses in the process, rather than fighting about positions. Divorce mediation, which is used to reach an agreement outside of court, takes much less time and costs far less than suing.
A primary objective of mediation is also to reduce conflict. If spouses are forced to litigate over their divorce, the conflict between them can rapidly escalate, which in turn increases legal fees as well as animosity. The conflict often intensifies because lawyers tend to tell their clients not to communicate about divorce. The result is misunderstandings between spouses as well as missed opportunities to reach an agreement on certain issues before the formal legal process becomes complicated.
In order to ensure the safety of their kids, it is in parents’ best interest to keep conflict at a minimum. As co-parents, the parents are no longer husband and wife. Mediation allows parents to create the best possible co-parenting relationships.
If they wish, the spouses may also consult an attorney for legal advice during mediation. You can choose not to hire a lawyer but you still have access to a legal adviser for assistance. In mediation, a responsible mediator encourages spouses to get their divorce decree reviewed by an attorney or lawyer before signing.
When domestic violence occurs during a marriage, the spouse may be afraid to participate in mediation. In some cases, even though attorneys don’t usually attend mediation sessions, this may happen in certain circumstances. A mediator can help you make this decision.
A court-ordered mediator is a mediator that the divorce process requires. For custody or visitation, some states require “mandatory mediators”. The court will usually order mediation. The fee is often waived or low. Mediation is also limited to a certain time period and can be limited only to issues that are related children. It is possible that court-ordered mediation will not be kept confidential.
The private divorce mediation process also addresses all issues related to parenting and custody as well as the division of property, debts, and support for spouses. Private divorce mediation settles all the issues. Private mediators typically charge an hourly fee or a per-session rate, and require a minimum four-hour session. However, many mediators charge flat-fees for the entire mediation process. This gives couples a predictable total fee. Private mediation can be confidential.
