When Is Mediation Appropriate?

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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. This presentation talks about divorce mediation and when it is appropriate.

Transcript of When Is Mediation Appropriate?

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WHEN IS MEDIATION

APPROPRIATE?Information for Those Considering Divorce Mediation

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Mediation as an Alternative to Litigation

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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 Requires Cooperation

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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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Mediation is Appropriate If:

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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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An Attorney Can Help Reach an Agreement

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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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