Do You Need a Mediator?
Divorce mediation can help spouses work through divorce-related issues calmly to reach a mutual agreement. Mediators are trained to answer questions and resolve conflict and often help spouses reach an agreement faster than a typical divorce settlement. However, do you need a mediator, and how would it work?
Do You Qualify for Mediation?
In general, spouses who agree to divorce and have no history of domestic violence are the best candidates for mediation. This is because spouses with a history of domestic violence may need to pursue court orders for protection and/or child custody.
For spouses who want a divorce because of 'irreconcilable differences,' mediation may be a time-saving, cost-efficient way to dissolve a marital union. Traditional divorce settlements take time, and there may be issues that arise that could have been solved through mediation.
If you and your spouse can agree on most of the issues within the divorce, mediation may be an excellent option for you.
How Mediation Works
Mediation usually involves both spouses and a mediator who is an attorney. The attorney will sit in on meetings with both spouses, work through the divorce settlement and help provide an outside opinion. They may help both parties smooth over conflict and create strategies that make communication more efficient.
For example, if both spouses agree on child custody but not child support, the mediator will hear both sides of the argument to determine each party's point of view. Once the mediator understands each party's goals for the future, they will offer up options for child support that may be agreeable to both spouses.
Mediation can take many forms and ultimately depends on spouses' unique dynamics and circumstances. No two couples are the same, and there may be issues that arise during one divorce that do not occur in another. For this reason, mediators focus on listening and understanding each spouse and helping them communicate with each other.
Why Mediation Is Important
As mentioned previously, mediation is a crucial element during divorce proceedings. Not all spouses need or want a mediator, but having one can make a significant difference in the outcome of the divorce settlement.
Mediators are trained professionals often with a legal background, giving them unique insight into the divorce process and court proceedings regarding the dissolution of marriage, custody, and spousal support. Spouses who want to pursue an uncontested divorce may still encounter roadblocks that a mediator could help them avoid.
Divorce is an extremely emotional process for all spouses, even those who break up amicably. After years of emotional investment into the other person and the time dedicated to understanding them, it is hard to separate oneself from their spouse. Not only do mediators give guidance, but they also provide support.
Divorce is also a very stressful process due in no small part to the division of assets and child custody concerns. These matters are often the most contentious and can become explosive without the right help. A mediatory can provide support throughout the divorce process and offer compassionate counsel regarding these critical matters.
A Compassionate Mediator
At Sutton & Janelle, PLLC, we are dedicated to promoting your best interests. Our State Bar certified mediator is very experienced with helping spouses reach a mutual divorce agreement. Attorney Janelle conducts mediations throughout West Virginia, and his experience as a trial attorney gives him unique insight into the legal process. His extensive knowledge and legal career give him the ability to craft creative settlement solutions.
Contact our certified mediator at Sutton & Janelle, PLLC, to find out how we can help you navigate the divorce process.