Divorce mediation is the process of bringing about a settlement between individuals through the objective intervention of an impartial third party. The impartial third party, or divorce mediator, facilitates the discussion and resolution of all issues of the divorce, including asset distribution, child support, and child custody. The mediator does not take a side, but interacts closely with both parties, guiding the critical decisions that will affect their futures and those of their children. The mediator’s role is a neutral guide, and they cannot define the terms of the settlement or force either spouse into agreement. Once the two parties resolve all relevant issues, the mediator can draw up a legally binding agreement for both parties to sign.
Mediation is a more peaceful, less expensive alternative to the traditional litigated divorce process. In Montgomery County, the divorce mediation process saves time and money, and can greatly reduce emotional distress. It is a legally binding approach that offers a swift and cost-effective resolution without court interference.
In some cases, couples try mediation but litigation ultimately becomes necessary. In these situations, the mediator withdraws from the process and both spouses must find their own divorce lawyers or representation in the divorce.
Divorce involves a number of individual topics, including child custody, property division, and spousal support. Arbitration allows an expedited decision to be made about these individual topics, without waiting for costly court hearings Arbitration differs from mediation in that the arbitrator is not a neutral party, but acts as a judge in binding arbitration. Both parties waive their right for judicial review, choosing instead to work with the arbitrator. The arbitrator renders a decision in a similar manner to a judge and enters the final order. While it is not the right alternative for every divorce, arbitration can be an efficient and economical alternative to divorce litigation.