Mediation in Divorce

 The Role of Mediation in Divorce

I have spoken before about mediation in the divorce process before but I cannot stress enough the value of mediation.  Mediation is a process to help divorcing couples work out issues which they are unable to agree on.  Old school contested divorce consisted of arguing the conflicts in front of a judge and the judge deciding how things would be done or divided.  More and more the judges are not just asking, but sometimes demanding, that sensitive issues like custody, be worked out between the parties.

Why Mediation

You might say, "if the judge isn't going to decide what's the point?"  The point is very simple.  You and your spouse know your family best.  You know your kids, you know their schedules, their hopes and dreams and fears.  You know what makes your kids tick.  The judge is an outsider.  If push comes to shove the judge will decide based upon the criteria set forth in the Idaho Code.  That criteria, however, is sterile in the sense that it is simply a guideline.  To make a judgment as to how your minor children will spend their lives until they are 18 based on a guideline is a fail for your children.

Working Together

Sometimes it is all but impossible to work together and that is why you are getting divorced.  You can disagree as to the division of your property and your debt and the judge will apply community property laws to solve the issue if you can't agree.  If you have minor children, the business of divorce is a process.  There will be years of coparenting and, while you may not agree as to how your spouse does things, the parties need to work together for the benefit of the children.  On going disagreement and conflict will not change the other party or get back at them, it will hurt your children.  So many kids today live in homes where a divorce has taken place.  The schools are overwhelmed with custody battles and schedules.  In my opinion, the best way to resolve a custody issue is through agreement.  If you can't agree on your own mediation can help the parties see what is important and what isn't.

If you are seeking a divorce or custody and need to speak with a Boise Divorce Attorney, give us a call and see what we can do for you, (208) 472-2383 or visit us a our divorce page.

Boise Divorce Attorneys - Mediation

Mediation
As a Boise Divorce Attorney I regularly see my clients and clients of other attorneys sent to mediation.  This sometimes has the effect of creating anger amongst divorce clients.  They might ask, "Why do I have to go to mediation?"  This is a good question.  The idea behind mediation is that the couples who are in the process of divorce will work out the details of the split. If they work out the details themselves, they tend to be happier with the results because they have had ownership of the outcome. 

As a divorce lawyer, some of my clients say and ask, "We obviously couldn't work things out while we were married, so what makes a judge think that we can work it out now?"  This too is a good point.  There is a balancing act that goes on between the judge, the attorneys and the clients.  The courts in Boise are very back logged.  Mediation, is an attempt to relieve that burden on the court, leaving the calendar open for those cases and those issues that cannot be resolved through mediation.  In addition, it is an attempt to conserve resources.  It preserves open dates in the court, it saves money on your lawyer fees and it preserves community assets that may have to be liquidated to pay for an intense court battle

What is the Topic of Mediation? Child Custody, Property and Any Family Law Issue That Can Possibly Be Resolved Through Mediation.

Mediation can involve many different issues.  It can be confined to child custody or it can include custody as well as debt issues.  Again, the purpose is to resolve as much of the issues particular to divorce before it goes to trial.  Sometimes in a divorce the only issue the couple is fighting over is the community property or the community debt.  Other times, particularly high conflict divorce, most of the issues are subject to dispute.

Your divorce attorney will help you choose a mediator who will work well with you to resolve the issues of the case.  There is a list of court approved mediators.  These are individuals trained in mediation.

If you have a divorce or mediation issue and you need to speak with a Boise Divorce Attorney, please give us a call and see what we can do for you, (208) 472-2383.