Domestic Relations Mediation

Domestic relations mediation is a great development. The unfortunate reality is that about 40% or so of marriages (and a higher degree of domestic partnerships other than marriage) end in a breakup.

Domestic relations mediation can allow both parties to keep their dignity and to keep more of their money. DR mediation can assist parties in dividing their property and in establishing parenting time. The parties are enpowered to be creative. The parties can then, with the assistance of their attorneys, enter their agreement as part of the divorce decree or domestic partnership dissolution.

Domestic relations mediation can also be effective in a contested divorce. A mediator can serve in an evaluative capacity and can give his/her opinion as to how a settlement can be reached on one or more contested issues. This can serve as a reality check and can enable parties to settle the case.

Domestic relations mediation is not appropriate for all cases. Cases involving domestic violence are inappropriate most of the time. Cases involving grossly unequal bargaining power also tend to be inappropriate unless steps are taken to ensure more equality.

Domestic Relations mediation ensures confidentiality. Divorce trials do not.

Domestic Relations mediation is less expensive than a trial.

Domestic Relations mediation settlements are more likely to be kept than judgments, especially in the case of child support.

In a divorce with children, the parents will still be involved with each other years after the divorce is finalized. A settlement reached through mediation can allow the parents to be functional joint parents rather than disfunctional "parents".

The biggest difference that I have observed between civil mediation and domestic relations mediation is that a tort case is a business decision; a domestic relations case is about one's life and the lives of one's children. Money, while important, is secondary to the issues that arise in the needs of the children.

If the best of divorce is good people at their worst, the best of domestic relations mediation is good people at their worst actively trying to work their way to what is best.

Comments

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