What is Divorce Mediation?
In a mediated divorce, one attorney handles your case and acts as a neutral third party. He or she represents neither you nor your spouse and provides no legal advice but helps both of you work toward a resolution of your case. The process is flexible and confidential, and it keeps you and your spouse in control of your divorce and out of court. The informal nature of mediation lets two people express themselves in a real, human way, allowing the heart to bleed if it must, cry if it must, and ideally set a course for a happier future.
Few Divorce Lawyers Offer Divorce Mediation
Unfortunately, very few lawyers have the experience and skills to mediate a divorce effectively, and many will not even bother to explore this option with you. The reason: for all its lofty principles of open communication and ‘working it out ourselves’, mediation often has even the most hardened attorneys shaking in their shoes. Forget the discomfort of Negotiations class back in law school. A mediator finds himself smack in the middle of the heart-wrenching unraveling of two lives. There’s no template, no spreadsheet here. No hiding behind a pile of paperwork, a court’s schedule, or a judge’s recalcitrance. A meditation demands handling real emotional fallout, having excellent listening skills and knowing when to be a leader or take a backseat.
The Advantages of Divorce Mediation
If you and your spouse can still communicate effectively about the issues in your divorce, finding a lawyer in Omaha who offers mediation should be explored as the first option in your case. Especially if you have kids and are on decent terms, hiring a smart mediator puts the best interests of your child or children first. In this way, you can untangle your lives out of court and with the least amount of long-term trauma for your family. (Caveat: if the dissolution of your marriage is due to abuse of any sort or if communication has broken down entirely, don’t waste your time considering a lawyer who specializes in mediation. It’s time to hire a hard nose, an outcome-driven attorney who can hatch a specific plan at your first meeting.)
The mediation process offers several key advantages: first, it requires only you, your spouse, and your mediator – a neutral third party to help you resolve the issues in your case. This triumvirate means that your needs – not the opinions or styles of their lawyers – are really at the forefront. Second, mediation strives for transparency between you and your spouse. There’s no one else driving the process, so it’s up to you to decide what is fair in your situation. Meditation is also a much less expensive solution as it avoids pricey hearings and attorney fees. Finally, it is confidential. There is no public record of who filed first or why.
For many couples, mediation can be a powerful tool for separation. It is a way to circumvent the entire system and put the well being of your family first.