Payne & Associates, PLLC

You may think you understand the purpose of divorce mediation, but do you really? Who is it for, and how can it help you? If you find yourself asking these questions, then it's a good idea to learn a little more about how mediation is used today.

Mediation works best in situations where both parties are reasonable but can't work out problems on their own. For example, if a man and woman are going through a divorce and are fighting over custody, they may still be reasonable and willing to work together. However, due to hurt feelings and strong feelings about one another, they might struggle to communicate. They both want what works best for each other and their child, so mediation could help. A third-party mediator could help them talk to one another without turning to insults or having a breakdown in communication, so they can get through the process of determining their parenting plan.

Mediation is an out-of-court tool for dispute resolution. The goal is to settle differences quickly and efficiently. It's typically less expensive than going to trial to settle your differences, and it results in a settlement that you can take immediately to a judge for approval.

Mediators don't have the ability to choose who wins or loses in a case, but he or she can help you settle disputes by providing you with information about laws and what the expected outcome of certain demands may be in court. The mediator's job is to be an equalizer, encouraging good conversation instead of fighting and negative talk.

As long as both people can be respectful and reasonable, mediation can help. If your spouse doesn't want to divorce or refuses to negotiate, this might not be for you. Your attorney can help you decide if this is a viable option for your case.

Source: Huffington Post, "What Most People Don’t Know About Divorce Mediation," J. Richard Kulerski, accessed March 09, 2017

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Payne & Associates, PLLC
206 North Spruce Street, Suite 1B
Winston Salem, NC 27101

Phone: 336-283-2937
Fax: 336-217-8784
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