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Using Mediation Correctly In Divorce

April 18, 2016 by Milstein Siegel

Mediation can save divorcing parties tens of thousands of dollars in attorney’s fees, as well as the uncertainties of trial. Choosing the right mediator for you and your spouse can be a daunting task, but let’s make it super simple.

Often, the most experienced divorce attorneys either (a) are the best mediators, or (b) know the best (and worst) mediators. The most effective divorce mediators can be highly experienced divorce attorneys or retired judges.

Reasons Why Mediation Works

As a long-time mediator, I can tell you that it is so important for spouses to make a connection with their mediator to ensure that there is trust. What you need to understand is that different mediators have different styles. Many mediators are unaware of their individual styles. By way of example, my mediation style is called problem-solving mediation. No games, no tricks. We identify all of the issues and work on them, one at a time.

Here are some of the reasons why mediation works:

Dividing Assets

Unlike spouses in court, spouses in mediation enjoy flexibility in dividing their assets as they agree. You and your spouse can decide for yourselves on issues such as ownership, one another’s rights and responsibilities, valuation, and how to handle debts or liens.

Alimony

Maryland law outlines several factors for courts, attorneys, and mediators to use in determining how much and for how long alimony should be paid. This can be a tough issue, so take a look at some of my other blogs.

Child Support

During mediation, parents can determine the appropriate amount of support by using the state child support formula. Outside of court, there is often some flexibility in setting child support. Inside the courtroom, there is often none.

Custody

The child’s “best interests determines legal and physical custody. There are a myriad of factors Courts look at in determining child custody, and a highly experienced divorce mediator knows how to facilitate that conversation.

Visitation

When it comes to custody and visitation, things can get touchy between divorcing spouses. It can become too emotionally difficult for you and your spouse to be in the room together. Mediators can reduce emotions by going back and forth between the parties and shuttle information until an agreement is reached.

Reach Out To An Experienced Divorce Attorney

This is just an overture to a very complicated conversation. Your first step should always be to meet with a highly experienced divorce attorney. For more information about mediation or to speak with an experienced divorce attorney, reach out to Milstein Siegel by calling (410) 792-2300 or request a consultation online.

Disclaimer

Milstein Siegel provides advice and representation to its clients solely under the laws of the State of Maryland.

Filed Under: Mediation

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