People divorce for many reasons, some as simple as irreconcilable differences in the relationship. Depending on the unique circumstances of the divorce, the process of determining the division of property and other divisive topics can change drastically. For more complex divorce cases, couples may require the insight of professionals and legal counsel, while others may be difficult because of relational tension between both parties. In any of these situations, creating a marriage settlement and agreeing on these various topics can be an immense challenge. Thankfully, couples do not have to go through this process alone.
Divorce mediation, a form of Alternative Dispute Resolution (ADR), provides divorcing couples with an unbiased third party who can hear both sides of the argument and help couples compromise and meet in the middle. This may help reduce the amount of time, money, and emotional stress required by the divorce process by seeking to resolve issues out of court. Divorce mediation is often desirable for couples who want to avoid lengthy court battles and collaborate to resolve issues and disagreements throughout the divorce process.
A skilled divorce mediation attorney from DiPietro Law Group, PLLC may be able to answer any divorce mediation questions and evaluate a divorce case. Consider scheduling a free initial consultation by calling the office at (571) 626-7389 for more details.
What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) is a process in which a trained mediator assists two parties in communicating with one another to reach a mutually beneficial agreement. However, the mediator must not decide on any issues or coerce either party into a decision. The intent of divorce mediation and other forms of ADR is to equip opposed parties to work out their differences without an external decider. Therefore, divorce mediation is a facilitator for productive conversation and effective decision-making, but it is not a tool for making those decisions by itself.
Who Qualifies as a Divorce Mediator?
Va. Code § 8.01-581.24 sets forth the boundaries and expectations for divorce mediators in Virginia, clarifying who is and is not able to perform divorce mediation in the state. While these expectations are the minimum requirement, there may be additional factors that influence the efficacy of a divorce mediator. While court certification is not required for individuals to practice as divorce mediators, there are many factors of qualification to consider before choosing a divorce mediator.
Unbiased Third Party
One of the primary definitions of a divorce mediator is an unbiased third party. This neutrality is key to ensuring that the mediation and subsequent agreements are mutually beneficial. If a divorce mediator is partial in their mediation, one party may have an unfair advantage that leads to a marriage settlement that takes advantage of the other party. Virginia divorce mediators are expected to refuse cases in which they have any partiality and to decline to participate further when such conflicts of interest arise.
Confidentiality
Additionally, divorce mediation in Virginia must remain confidential between parties. The divorce mediator is not authorized to share any information from one party to the other without the explicit consent of that party. This protection may even extend to communicating the emotional disposition or personal observation of conduct. Things shared in confidence with the mediator must be kept in confidence, or the divorce settlement could be invalidated due to unfair treatment of the parties.
For more information on divorce mediation, consider speaking with an experienced divorce mediation lawyer from DiPietro Law Group, PLLC.
The Process of Divorce Mediation
Divorce mediation as a process, however, is generally quite straightforward. The exact details may depend on who is conducting the divorce mediation process, as each mediator may have a slightly varied approach. Generally, mediators will meet with each party in private to discuss their opinions and desires without the presence of the other party. This allows the mediator to create a clear picture of the dynamic before stepping into the room with both parties, where there may be conflict and tension. After this, parties will generally meet in person to discuss the contested issues and find a solution. This process is similar to negotiation, except for the presence of the mediator who will help arbitrate the discussion and advocate for clear communication.
This process, while it may seem complex and intimidating, can be boiled down to clear communication with help from a neutral mediator. Divorce mediation does not have the obscure rules and procedures that a trial may have. Open discussion is the hallmark of divorce mediation, as divorcing couples are allowed to speak freely and advocate for their needs and desires. The mediator is present to help ensure both sides are heard and to suggest compromises that may satisfy both parties. However, this process may not be effective in a fault-based divorce.
Frequently Asked Questions
Listed below are several frequently asked questions regarding divorce mediation in Virginia.
Is Divorce Mediation Required in Virginia?
Divorce mediation is not required for divorce in Virginia, though some states do have this requirement in place. Divorce mediation is an optional tool for couples who wish to resolve their conflicts without going to trial. While it is not required, it may provide a significant benefit in reduced cost, time, and emotional duress.
Is Mediation Legally Binding?
If a legal marriage settlement is signed and agreed upon through mediation, this is considered legally binding as any other contract. However, this decision to validate a marriage settlement is made jointly by the divorcees, not the divorce mediator.
Can Other People Be Present for Divorce Mediation?
Depending on the style and provider of the divorce mediation, yes. Often, divorcing couples will bring trusted family members or friends for emotional and moral support during the divorce mediation process. Additionally, many people benefit from the presence of legal counsel who can advocate for their rights and help fight for a fair agreement.
Contact a Virginia Family Attorney Today
Divorce mediation can be an incredibly beneficial tool for divorcing couples, allowing for greater control over the marriage settlement with the added benefit of more effective communication and conflict reduction. Divorce mediation may be a good fit for many different kinds of people, provided they are equipped with solid legal counsel and advice. For more information on the benefits of divorce mediation and how to select a mediator, consider scheduling a free consultation with a Virginia divorce mediation attorney from DiPietro Law Group, PLLC. Call now at (571) 626-7389 for more information.
