divorce settlement handled by lawyer

Legal Models of Divorce Mediation

You might not start your marriage rooting for a divorce. Unfortunately, some irreconcilable differences might see you taking this route. When people hear of separation, they envision mudslinging and name calling in courtrooms.

These are designed to paint a soon-to-be ex-spouse in the worst light possible and get a judge to favor one side. Your divorce does not have to be this way. There are different avenues for divorce, but one of the best is mediation.

Mediation does not mean you can do away with the services of a Suffolk County-based divorce attorney simply because you and your spouse are cordial. Several legal aspects of your divorce will necessitate the input of a professional for them to be legally binding.

Divorce mediation handled by attorneys is not simply a discussion between you and your spouse but rather follows some proven models. The following are some of these methods.

The Structured Model

This is at times called the legal model. In this model, your mediation will be tightly controlled by the rules set by your mediator. You and your spouse will attend the same mediation sessions and discuss various elements of your divorce in a set order.

These include property division, alimony, child support followed by custody and visitation rights. The mediation sessions generally take two to five hours, and the mediator outlines the decision-making process. In this case, mediators are neutral, and one will act for both you and your spouse.

This reduces the legal costs of your separation.

The Labor Management Model

Here, mediation is a bargaining process between parties assumed to have comparable knowledge, skills and power levels. The agreements reached in the labor management mediation model should meet specific criteria.

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There should be equitable property division, full financial assets disclosure, direct communication channels, and protected parenteral roles. Moreover, the decisions should ensure a child’s access to essential relatives, and no victims.

In this case, the mediator’s role is directive and active and allows a flexible approach to your children’s needs.

The Therapeutic Model

couple with cousellor

In this model, it is assumed that you cannot effectively communicate with your spouse owing to various unresolved relational and emotional issues. As such, there might be individual meetings with your mediator before he/she meets both of you and your attorneys.

In this method, the mediator aims for a healthy family system. The language in your divorce agreement in this model will thus be cooperative. If something is contentious, you can pursue other means to reach a workable compromise.

The Information and Communication Model

This assumes that a favorable agreement for all parties;is attainable provided there is a free exchange of necessary information. Most firms also offer input on healthy communication patterns to allow you to co-parent after the separation.

The informational and communication model is thus generally educative to enable you to make sound and informed choices.

The above models prove that divorce mediation is not a simple “talk session.” Divorce mediation often results in an amicable relationship between you and your ex. This is, however, not a preserve of couples with children for whom communication after separation is inevitable.

It also works for those without children as sit helps you move on with no bitterness.