1. What is mediation for divorce?
Using the assistance of a Mediator, also known as a "trained neutral," divorcing spouses participate in a structured, voluntary, and confidential process known as divorce mediation. Conversations happen in a climate that cultivates open correspondence and covers every one of the vital issues that should be tended to so they (the gatherings) can arrive at an independent, forward looking understanding that will be acknowledged by the Court. Fort Lauderdale Divorce Mediation
2. What is litigation in a divorce?
In divorce litigation, the spouses seeking a divorce select their own attorneys to represent them during the divorce process. The Attorneys conduct all communications, correspondence, and information exchanges. Interrogatories, requests for documents to be produced, depositions, case management conferences, motions if necessary, pre-trial conferences, and, if necessary, trial are all part of the extensive discovery process that is part of divorce litigation.
3. How much longer does the divorce mediation process take than the divorce litigation process?
Divorce mediation typically requires between three and five hours of mediation, which is followed by the completion of court-required paperwork (which can be completed by the mediator, provided that the mediator is also an attorney). The parties (the soon-to-be ex-spouses) determine the divorce mediation schedule. The parties to divorce litigation may not receive a hearing date from the court for up to a year; This is largely because information, documentation, and other mandatory disclosure materials must be shared. Considering that the correspondence is among lawyers and the Court is involved, the cycle can consume a large chunk of the day; the more experts included, the more it will take. The court determines the duration of divorce proceedings.
4. In divorce mediation and divorce litigation, who makes the decisions?
The parties take the lead in divorce mediation. With the assistance of the Mediator, the parties (the spouses) communicate with one another and come to their own agreements that work for them as individuals and as a family going forward. In addition, the parties decide how quickly they want the mediation process to move forward. In divorce litigation, the judge is in charge of making decisions. He or she will hear the case and make the final decisions based on what the judge thinks is fair and equitable. The court also decides the parties' schedule and how quickly the case is heard.
5. How much does divorce mediation cost in comparison to divorce litigation?
Mediation sessions for divorce typically cost between $200 and $400 per two-hour session. Preparing the necessary paperwork to present to the court can cost anywhere from $1,500 to $2,500. A total of less than $5,000 is typically required to move forward with your divorce through mediation. The average cost of divorce litigation for each party (each spouse) is between $10,000 and $20,000, with an additional amount depending on the complexity of your case. This includes the $5,000 retainer that is typically required.
6. When it comes to the involvement of children, how are divorce mediation and divorce litigation different?
In divorce mediation, the parties (spouses) decide what is best for the children. As a result, discussions take place, and agreements are reached regarding child support (to the extent permitted by law), parenting schedules, legal and physical custody, and accounts for the children's expenses. A guardian ad litem will likely be appointed by the court in divorce litigation if there is a dispute over custody. This person will decide what is in your children's best interests. Sometimes, the courts demand that the children and other members of the family undergo psychological testing.
7. How does divorce mediation compare to divorce litigation in terms of emotional impact on everyone involved?
Separate from Intercession permits the gatherings to keep up with command over the result of their circumstance. They are the ones who talk about each issue and decide what is fair, what can be traded off, and how to move forward. When there are children involved, divorce mediation helps to preserve relationships and preserve dignity. When it comes to going through the divorce process, the most relaxing option is mediation. Parties to divorce litigation frequently feel powerless, anxious, and frustrated. They have put their future in the hands of the lawyers and the court system, and as a result, the way things turn out for them will make them feel a lot of resentment.
