7 Mistakes to Avoid Making When Mediating Divorce
Rochester Divorce Mediation Lawyer
Divorce can be absolutely brutal for families. While it can be really upsetting and stressful, it does not have to be! There are ways to get through a divorce without tension and fighting. Mediation is a great option for divorcing couples who just want to get through this without stress. Call our Rochester divorce mediation lawyer Michael Schmitt today to set up a consultation.
Avoid Fighting in Court
When you go through divorce, you need to agree on a lot of different things, such as custody and child support and dividing up the property. These issues can make the process really stressful for a lot of people but it doesn’t have to be a big battle between you and your soon to be ex.
Michael Schmitt is a Rochester divorce mediation lawyer who understands that this doesn’t have to be a very stressful process. With his guidance, mediation can be very peaceful and custom tailored to each couple who comes in looking for an easy divorce process. He understands that you are people who just need to move on with your lives and not fight about your relationship in court.
We can help you get through your divorce without having to stand in front of a judge and fight about what should happen.
Going through divorce mediation is an option for people who want to reduce the amount of stress in a divorce by limiting the way you will fight about issues which could bring you in front of a judge. You may very well be able to get through the divorce process through mediation that will allow you to resolve your issues and help you avoid going to court, with the understanding that mediation is all about cooperating.
The divorce mediation process could look like the following:
You and your soon to be ex will sit down with our Rochester divorce mediation lawyer Michael Schmitt who will act as a neutral party. You won’t need to hire your own separate lawyers. You will just use one.
Michael will hear both of you out about what you were concerned about and what you want to happen and your goals for your divorce. He will listen to each of you and guide you through what could happen with the mediation process and hope that you cooperate with him and each other. Otherwise, you will end up in court.
It is all about communicating with each other about how you’re going to amicably resolve the issues and conflicts regarding the main issues, including issues such as custody or property division.
Meanwhile, you will have Rochester divorce mediation lawyer Michael Schmitt there to help you through any questions and concerns that each of you has. He is not there to take sides about any of the decisions that you do need to make. He is there to help you make the decisions together.
It may take several meetings with Michael before all of your concerns are resolved. At that point, however, you will be able to draft up a contract with all of the guidelines that will be simply validated by a court.
We hope you understand that this process can be very easy if you and your soon-to-be ex are willing to sit down with our Rochester divorce mediation lawyer, go over your options, and amicably work through any issues that could arise in a divorce. We have your best interests at heart and we understand that divorce can be so tumultuous. A lot of people want it to be easy and it can be. Give us a call to set up a consultation to learn more.
Benefits of Divorce Mediation Over Traditional Litigation
Getting your divorce mediated rather than going through litigation is simply the best option. If two parties are willing to work with each other, any divorce could be mediated. Even with the most complex cases, it can all be mediated, but it remains up to you and your soon-to-be ex to take part in mediation rather than go to court.
Here are several benefits you could enjoy if you choose mediation over litigation:
You are going to save money. Court proceedings and hiring two separate attorneys for each spouse is not cheap and mediation can cut costs substantially. It is expensive to go to court for divorce and a lot of people don’t want to spend that kind of money.
You and your spouse can control the decisions better if you work with just each other and don’t rely on having a judge pick what happens. Especially with matters such as custody, if you and your soon to be ex are going to agree on something it is often going to be a different decision then what a judge might pick out for you. You don’t want a disagreement to dictate what happens to your life in front of a judge if you can help it. They don’t have the intricate knowledge of your family dynamics like you do and may not pick what you feel is the best decision.
Mediation is a much faster way to go through the divorce process. You can resolve your issues much quicker than you could if you go through court and have to wait months upon months to set up dates. For a mediation you can just make your appointment and get everything settled within a few visits, maybe even less. With an experienced Rochester divorce mediation lawyer, it can go very smoothly and very quickly and sometimes can only take one session.
Mediation is far more private and confidential than going through litigation, too. Fewer people are going to know what happens with your divorce if you just work through the process together in mediation. When you go through court, there are a lot of employees in Family Court. You have to talk to multiple lawyers and any person can walk into court and watch your proceedings. Mediation is a more confidential option and ideal for people who might prioritize their privacy.
If you have children involved in your divorce, mediation is absolutely a better option than going through litigation. Mediation is a lot less stressful for the parents, and kids can absorb their parents’ emotions. They will notice that you are relaxed and at ease as opposed to being stressed and upset going through litigation.
What Traditional Divorce Litigation Looks Like
The first big difference between a mediated divorce and a litigated divorce is that litigation requires a lot of steps. In attempts to settle all of the disagreements, the spouses are going to have to hire separate lawyers. There will be negotiations on each issue that the couple disagrees on which can be time-consuming and expensive. There are a lot of emotions involved with a divorce. People get really invested in protecting their own interests, so they fight hard to get what they want. If people cannot agree on the issues that they need to agree upon, then they have to go to court to get it settled.
Understand that you won’t be able to customize your court date. You have to set one up a Family Court system which can be tricky because there are a lot of people going through Family Court on a daily basis. Then you have to prepare your case for court. You have to gather documents and prepare for a trial. From there, in court arguments are going to be had based on each party’s wishes.
You may even have to involve other people to be witnesses to testify for you or against your soon to be ex-spouse. Sometimes even your own children will be asked to testify during the court process.
All of this happens in front of your lawyers and the judge and anyone who wants to walk into court that day. You could end up fighting about your parenting time and your custody and child support and alimony and so on. This could all be resolved in mediation in a couple of sessions if you and your spouse agreed to cooperate with each other.
Call Our Rochester Divorce Mediation Lawyer Today
If divorce mediation seems like the right call for you and your spouse, please reach out to our Rochester divorce mediation lawyer Michael Schmitt today to set up a consultation. You deserve to go through divorce smoothly and calmly. We can help you get this resolved in a matter of a couple sessions or less. Call us today to get started.