when is mediation appropriate?
DESCRIPTION
Mediation is an alternative to a litigated divorce that allows you and your spouse to resolve your issues outside of court. This presentation talks about divorce mediation and when it is appropriate.TRANSCRIPT
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WHEN IS MEDIATION
APPROPRIATE?Information for Those Considering Divorce Mediation
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Mediation is an alternative to a litigated divorce that
allows you and your spouse to resolve your issues outside of
court
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It is less expensive, less stressful and more likely to produce a result that everyone is happy with
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Because it has so many advantages,
it is the right solution in any divorce where it is feasible
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Mediation involves you and your spouse resolving issues
related to:
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•Property division
•Child custody
•Spousal support
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You must be willing to cooperate or mediation will be a waste of time
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You and your spouse are
willing to work together to come to a
compromise agreement
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A mediator does not take sides in a divorce proceeding but instead helps to facilitate communication between you
and your spouse so it is easier to reach an agreement
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All of the information you need to work out a financial
settlement is available
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There is no judge to require financial documents be turned over or to compel you to work together
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You need to be willing to share information openly
in order for mediation to be a viable option
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Mediation Can Work If:Mediation Can Work If:Mediation is Not a Viable Option If Your Spouse is
Abusive
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Because mediation requires you to work closely with your spouse, this solution to a divorce is generally not recommended in
situations where there has been violence or threats of violence
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Mediation Is a Bad Choice if:
Mediation Is a Bad Choice if:
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One spouse is trying to punish the other spouse
One or both spouses is unwilling to compromise and work together
One spouse is contesting the divorce
One spouse is unwilling to be honest or share information about finances
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When you submit to mediation,
you need to be prepared to pay for a mediator
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The costs of mediation are usually far
less than the costs of a litigated divorce
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Still, you do need to have the money available to pay the bills
for a mediator
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The quicker you are able to resolve your differences and the more willing you are to
compromise, THE LESS EXPENSIVE
MEDIATION SHOULD BE
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If you are mediating a divorce, having an attorney
can help increase the chances of success
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Your attorney can explain your rights and likely court outcomes so you can act with all the facts when negotiating in mediation
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Your attorney will also help to
protect your legal rights
in mediation so your divorce
settlement is a fair one
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We can be reached by phone at 507-625-5000 or through our
websiteClick to visit:
RokoLaw.com
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