Mediation and Divorce

Jenkintown Divorce Mediation Attorney

If you and your spouse are able to work together on your divorce agreement, mediation is, in many ways, preferable to leaving matters in the hands of the court. Essentially, mediation allows you and your soon-to-be ex-spouse to identify common ground regarding potentially contentious issues such as child custody, the division of marital property and debt, what to do with a closely held business, who gets the family home, even spousal support.

In divorce mediation, a third party facilitator oversees discussions between the parties involved, making sure discussions are focused on what is in everyone’s interest rather than allowing side issues to derail the process. While each spouse is represented by an attorney, the mediator ensures discussions progress towards a final settlement, diffusing disagreements that could undermine the mediation process.

In this way, you and your ex can reach mutually agreeable terms that put you in charge of your divorce agreement.

Mediation – Putting You in Charge

Perhaps the biggest advantage of divorce mediation is the control you have over the terms of your divorce settlement. When couples go through the normal divorce process, there is often an adversarial nature to the proceedings. Rather than working together, each spouse’s attorney is interested in protecting his or her client. As a result, it’s not uncommon for each side to demand things that the other side does not agree to. Consequently, anger, resentment, and bitterness leads to a “tit for tat” dynamic that can lead to irreconcilable difference.

When this happens, the court will make a decision as to what it believes is fair to both spouses and what is in the best interests of any children involved. When this happens, each spouse may find him or herself saddled with a divorce agreement that neither finds ideal. Mediation, however, allows you and your ex to determine the terms of your divorce settlement through the identification of common ground.

Customizing the Terms of Your Divorce Settlement

When you work through a mediator, you and your spouse can determine what sort of child custody arrangement works best for each of your schedules and children. If you decide on a joint custody arrangement, you can specify how holidays and summers will be handled, as well as responsibilities regarding doctor appointments and school pick-ups.

If you and your spouse have debt on jointly held credit cards, mediation allows you to determine how best to pay off your creditors. You may want to allocate more of your marital assets to one party or the other in exchange for paying off credit cards or car loans; or, you may want to exempt your 401(k) plan from division in exchange for continuing mortgage payments or paying off loans. Whatever you decide is best for your situation, mediation allows you to reach a divorce settlement that both of you find agreeable.

Contact Jenkintown Mediation Divorce Attorney Joanne Kleiner

If you are considering divorce and are interested in mediation, contact mediation divorce attorney Joanne Kleiner today to learn how we can help you.