Making The Complex

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Could I benefit from divorce mediation?

When divorce is inevitable, you naturally may be worried about how you will get through the process as painlessly as possible, both emotionally and financially. Fortunately, although divorce proceedings are often rife with conflicts, it does not have to be that way. Divorce mediation is one alternative to litigation that allows a divorcing couple in the state of Louisiana to resolve issues in a more amicable way.

Why choose divorce mediation?

Louisiana courts actually often require couples to go through mediation before they allow custody disputes to go to trial. However, people choose divorce mediation for a wide variety of reasons. First, mediation may be helpful when efforts to engage in direct negotiation may be futile because both parties are so emotional. If a mediator is present, both parties can feel as though they are heard, which promotes compromise.

Another reason mediation is selected is because it is a lot less expensive and stressful than litigation in the courtroom. Mediation also yields agreements that two divorced parties are more likely to uphold long term as compared to outcomes that are ordered by the court. This may reduce the couple’s chances of having legal disputes down the road.

Process of divorce mediation

Once you choose a divorce mediator, this individual will review with you the rules governing mediation and will explain the entire process to you. You can then make an opening statement to highlight issues of importance to you, and your future ex can do the same. The mediator will encourage both of you to start a conversation, but if one or both of you are highly emotional, the mediator will keep you separated and will simply communicate with you both in what are called private caucuses.

When two people are going through their first mediation session, they do not have to arrive at an agreement, and in some cases, they cannot. They can always complete another session, and if their case ends up settling, they can sign their settlement to memorialize their agreement. If the two individuals cannot reach a settlement, they might choose to go through litigation. A knowledgeable attorney in the state of Louisiana can guide you through the divorce mediation process or represent your best interests at trial, if necessary.


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