Divorce is a reality for many people and impacts more than the couple when children are involved. Mothers and fathers stress over the impact that a decision to divorce will have on their children. Often the decision to divorce is not a joint one which may mean the divorce process will be more contentious. There is really no way around the fact that the family structure will be different after a divorce. How the family restructures depends in large part on how the adults conduct themselves through the process and the decisions they make. There are some rare couples who can work through things on their own, but most couples will need legal assistance to navigate through the process. The court system is no longer the only avenue. Today there are process alternatives to traditional litigation.
Mediation is an alternative dispute resolution method that involves the use of a neutral third party to assist a couple in communicating and hopefully resolving the issues in their family. The mediator cannot make a decision for the couple, but can guide the conversation so that the couple stays focused on what they want to accomplish. A series of meetings take places with the mediator. The couple’s attorneys are not required to attend the mediation sessions. Upon reaching an agreement in mediation, a memorandum of understanding is typically generated which the parties can provide to their attorneys for inclusion in a comprehensive marriage settlement agreement. The majority of divorcing couples will find this approach to be cost saving, both financially and emotionally.
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