Getting a divorce is never an easy decision, and the process doesn’t make the situation any more bearable. Certain states, however, make this procedure daunting. In New Hampshire, for instance, typical divorces can take up to a full year before being finalized. When looking at a state like Nevada, which may only take two weeks to finalize a divorce, it becomes obvious that New Hampshire residents should do anything in their power to expedite the process. One method of doing this is mediation, but it’s first important for all parties to understand what mediation entails.
What is Divorce Mediation?
Divorce mediation is a legal method of handling a divorce without dragging it through the court system. A mediator is chosen as a neutral third party to help with trying to negotiate a divorce agreement that is acceptable to all parties involved.
Many people hesitate to go through this process because they think the mediator will have final say in the matter. This, however, is inaccurate. A mediator makes no final decisions; they simply help in communication and negotiation until the parties involved reach their own mutual agreement.
If you are in the northeastern area of the US, you can search New Hampshire divorce attorneys for a mediator. Before choosing mediation, however, it’s important to understand the pros and cons related to the process.
Pros of Divorce Mediation
It’s obvious that divorce mediation has several advantages. If this wasn’t the case, the process likely wouldn’t exist. After learning of these advantages, many couples opt for mediation over litigation.
1. Expedites the Process: Mediation will definitely expedite the divorce process. If two individuals can come to an agreement without going to court, the legal process is much shorter. In fact, couples who use mediation in New Hampshire may have a divorce that only takes two to four months to finalize. A non-mediated divorce in the state that runs into certain issues can last for years.
2. Reduces Expenses: Because fighting everything out in the courtroom isn’t necessary, legal costs related to a mediation are much lower than litigation. Having two lawyers argue in court over a divorce can become quite costly.
3. The Privacy Factor: A mediation is a private affair handled behind closed doors between the two spouses and a mediator. Litigation is handled in a courtroom. If a soon-to-be-over relationship can be handled in mediation, it will keep away the prying eyes of the public.
Cons of Divorce Mediation
As with everything good in life, there are also a few disadvantages to using mediation for divorce.
1. Nothing Set in Stone: Perhaps the biggest issue with mediation is the fact that nothing is set in stone. The mediator cannot make a finalized decision on their own, so if the two parties involved refuse to negotiate, the process is basically futile. Luckily, if the individuals participating make the conscious decision that they want their divorce to be a bit easier, this won’t be too much of an issue.
2. Potential Legal Challenges: A mediation agreement is usually legally binding, but if the mediator is inexperienced, they may make legal errors which can be challenged in court. This often happens when a couple picks a mediator who doesn’t have legal experience. Fortunately, this can also be avoided. Simply finding an experienced mediator, hopefully one with divorce litigation experience, can ensure that the final agreement is solid.
Divorce will never be an easy process, but a couple who chooses mediation over the courtroom can make it a bit more tolerable. There are definitely some disadvantages to the process, but with the help of an experienced divorce mediation attorney, these downfalls can often be avoided altogether. Divorce is difficult, but mediation can move the two parties involved toward a fair agreement.
Teresa Stewart appreciates tools and strategies which make a difficult time in life less stressful. Tenn And Tenn, P.A. is a firm of New Hampshire divorce attorneys whose practice includes divorce mediation to avoid courtroom tension. Between the mediator and the couple, the intent is to develop an agreement with regard to children, division of assets, debt and support.