Role of Mediation in Simplifying Divorce Property Settlements

Unfortunately, a divorce is often highly emotionally charged and time consuming process as it relates to how marital assets will be divided. Prolonged disputes, costly litigation and extreme stress for both parties are the uncontrollable downfall of property settlement complexity.

But they have an alternative more amicable and efficient than the traditional courtroom battles — mediation. In this blog we’ll take a look at how mediation can make dealing with property matters during divorce much easier, and why it’s the preferable option for many couples.

Understanding Mediation

Alternative dispute resolution (ADR) is a type of dispute solving that includes class of legal process characterize by one or more neutral third parties facilitating the coming together of the disputing parties to reach a mutually satisfactory accord.

A mediator is not a judge but brings the parties together to communicate and help them to work out own resolutions. The process of this settlement is voluntary, confidential and designed in such a way that both parties can come to their own settlement.

Mediation as Benefits in Property Settlement

1. Cost-Effective

The biggest benefit of mediation is its comparative lack of cost when compared to traditional litigation. The financial cost of court proceedings can be considerable, with legal fees, court costs and extended time all increasing the financial burden. However, mediation often involves fewer sessions, significantly lowering the overall cost.

2. Time-Saving

Litigation can also take a long time — months or years — leaving both parties waiting. The process is usually much quicker, as mediation is designed to find resolution as quickly as possible. This makes room for couples to finalize their property settlements, and get on with their lives as soon as possible.

3. Reduced Emotional Stress

That's because divorce itself is stressful — and courtroom battles are even more stressful. Mediation naturally creates a more cooperative environment; however, in doing so it also tends to reduce conflict and to encourage constructive dialogue. This can also help couples with children, as it exhibits a healthy way out of conflict.

4. Confidentiality

Personal details can and do become part of the public domain because court proceedings are public records. However, although mediation sessions are confidential, sensitive information remains private. It can give both parties peace of mind.

5. Customized Solutions

The flexibility and creativity to mediate more adequate and more customized solutions for the couple. Mediation is unlike court-imposed decisions, which may not fulfill either party’s needs as they want; preferably it prescribes agreement which the parties can formulate and hone to suit the circumstances and priorities of both individuals.

Mediation Process

1. Initial Consultation

The first step is an initial consultation wherein both parties meet with the mediator to talk about your intent and your problems. The mediator explains the process, keeps records, and helps make sure both parties will behave in good faith.

2. Information Gathering

Both parties must be prevailed on to disclose the full extent of their financial condition, including their assets, liabilities, income and expense until the pendente lite account can be viewed. It’s crucial because it’s the transparency necessary for fair and informed making of the decision.

3. Negotiation Sessions

Wherever the mediator does the negotiating during the sessions, he or she helps facilitate conversations regarding different aspects of property division. The division of real estate, bank accounts, investments, retirement funds and personal property may be topics discussed. In this process of mediation, the mediator also helps discover common interests, exploring options and reducing the size of contentious issues.

4. Reaching an Agreement

After the parties have an agreement in principle, the mediator writes up their settlement, including the terms in writing. Each party looks over the document, sometimes with the help of their own best property settlement lawyer Perth, to see that it is accurate, and, most importantly, legal.

5. Finalizing the Settlement

This means that after the meeting, the settlement is submitted to the court so that it can be approved by both parties. It is then made a binding legal document for purposes of the divorce then.

Why Choose Mediation?

The main advantage of mediation for couples who want to keep some control over the shape of their divorce is to do so. By empowering them to come together to solve the issues the best way suited to their circumstances instead of leaving it up to a judge to decide. Mediation is also cooperative and with cooperative nature it can save relationships go on and enable healthier relationships after a divorce, one especially when children are involved.

Conclusion

Practical, less adversarial, and a great deal more cost effective than litigation, mediation is a natural option for property settlement in divorce. Mediation helps couples gain some property division independence and reach a judgment, without stress by focusing on collaboration and mutual respect. Mediation is the tool for many divorcing couples to get a fair settlement, all while minimizing the emotional and financial drag of traditional litigation.

If you are going through the thought of divorce and are worried with regards to the property settlement course of, mediation may be the correct path for you. Consult with a qualified mediator or a family law attorney to begin a search for smoother and amicable divorce.