Divorce Mediation Facilitates Amicable Solutions Out Of Court

January 8, 2020

Divorce mediation provides emotional support, legal information and guidance based on simple, but important principles: every divorcing couple has the right and the ability to resolve divorce disputes, and they are more likely to abide by agreements they created than decisions that someone else makes for them. It’s my belief that it is always better to come up with an agreement that couples create themselves than to be forced to accept something they may not be able to live with long-term.

A divorce is a legal event that can have profound effects on people’s lives for years, and I strongly urge clients to carefully consider all of the issues they are divided on. As an attorney-mediator, I am knowledgeable about the principles of divorce law. By respecting my clients’ ability to make decisions and negotiate a fair divorce, I am able to advise them of legal issues they may not be aware of.

However, as a neutral third-party mediator, I can help them resolve disputes they may not be able to work out by themselves without going to court, mainly by teaching them negotiation techniques, and by providing a safe, structured, confidential place where they can find solutions to disputed issues together. With this unique, non-confrontational approach, I am able to help my clients negotiate freely and creatively, separating the important issues from their emotions, and help them to open lines of communication and find solutions cohesively.

Essentially, divorce mediation helps couples work through the issues of child support, custody and parenting time, educational provisions, medical coverage, and the division of assets and liabilities, finding solutions that work for the betterment of the entire family.

In my experience, dividing up personal possessions, determining who gets the house and who will be responsible for paying what bill is one of the issues in divorce that couples have a hard time agreeing on. That’s why, when it comes to separating debts and dividing property fairly and equitably, divorce mediation can be extremely beneficial. I guide couples through a three-step process to help them arrive at the best solution. First, they must determine what marital property they have, then determine the value of each item of property, and finally distribute the marital property equitably under all the circumstances. Pursuant to the laws of the state governing marital property, I am able to share legal information during the mediation process as they strive to reach a mutually satisfactory agreement.

More importantly than distributing assets and sharing liabilities, divorce mediation is very important in cases involving dependent children. Missouri and Kansas both have child support guidelines for calculating child support, and in fact, the courts use software programs that can calculate it almost instantly. But child support issues are still often difficult to resolve and have led to a near epidemic of unpaid child support. During the mediation process, we identify the expenses related to the children, talk about the realistic expense for activities, private school tuition, cells phone, etc. and create a budget to be supported by the child support and contribution from both parents. What you may have done for your children financially as an intact family, may not be possible as you divorce and incur the expenses of two separate households. Having an open and honest conversation about the financial aspect of the divorce allows for creativity in supporting the children moving forward.

If you are in the process of a divorce, the best option for you and your spouse to amicably resolve your marital disputes out of court may be divorce mediation. Not only can it save you time and money, but it will also help to avoid the stress that is typical in many divorce matters. When you and your spouse trust one another enough to be truthful and equitable when working out a settlement agreement, divorce mediation works extremely well.

To schedule a consultation or obtain more information about divorce mediation services you may contact me by online or by calling 913-381-1500.