How Long Does Divorce Mediation Take
Divorce mediation is a process that can be very helpful to couples and their families. The process includes an impartial mediator who helps the couple work through all of the issues related to ending their marriage. It takes time for both parties, but often it leads to agreements on important matters such as child custody and property division whereby the divorcing couple can move forward into their new lives together in peace.
How long does divorce mediation take? A typical length of time for a divorce mediation is 3-4 sessions with each session lasting between 2 and 4 hours depending on how complicated your case is. There are some cases where additional sessions may be needed, but these are rare instances which should not discourage you from proceeding with this type of alternative dispute resolution if you are looking for a less expensive, expedient and peaceful process.
Many couples who are in the process of splitting up prefer to use alternatives to litigation. One such alternative is divorce mediation, which usually involves a third party professional serving as mediator between both parties. Unlike with court battles and trials, this type of dispute resolution encourages cooperation between divorcing spouses so that they may come to an agreement on all aspects of their divorce.
Mediation can oftentimes be more cost effective, and is less time-consuming than litigation or a trial. Divorce mediations usually last between two and four hours depending on how complicated your case may be. There are some cases where additional sessions may be needed but these are rare instances which can be addressed during the mediation process.
What is the average length of a divorce mediation process?
We often hear people say that divorce mediation takes much less time than litigation. This is true if there are no contested issues, such as property division or custody and parenting time determinations. In these cases, the process of settlement can be quite quick because it only involves negotiating a contract between divorcing parties on how to divide their assets and arrange child custody and parenting time.
The average length of a divorce mediation process is about six months. Divorce litigation, on the other hand, can take three to five years or more and involve many different court appearances. One should also consider that while divorcing parties are always free to opt out of any settlement agreements at any time during the course of separation before they finalize the divorce, litigation is much more binding and difficult to end.
The process of formal divorce mediation typically begins with a consultation between the divorcing parties and the mediator where they will go over all aspects of their case including property division or custody time arrangements for children. After this initial meeting, one party may draft an agreement that both parties can agree to and is usually finalized in a few.
What to Expect During Divorce Mediation
Divorce mediation is a process that can help you and your spouse work through the difficult decisions of dividing up assets and navigating custody agreements. You will be able to negotiate with your spouse in person, which may make it easier to come to an agreement.
The process will start with an initial meeting, called a “mediation intake.” The mediator will meet separately with you and your spouse to provide information about the divorce mediation process and answer questions that you may have. If either of you has concerns or needs accommodations for this meeting, please let us know in advance so we can make appropriate arrangements.
The mediator will be involved in every step of the process, including going over the mediation agreement and preparing for a final hearing before you divorce is finalized. Divorce is never easy, but if you are looking to work with your spouse collaboratively on dividing up assets and making decisions about children or what happens when one parent dies, divorce mediation may be a good option for you.
Another advantage to going through the process of divorce mediation is that it allows your children to have an active role in making decisions about their future as well. Divorce can be difficult for them and if they are able to participate when deciding where they will live or what school they attend, it can help them feel more in control and less stressed.
Divorce mediation has a duration that can vary based on various factors
The length depends mostly on how cooperative you and your spouse are with one another, as well as some other factors such as if there is an agreement already in place for custody or property division. There may be long periods where nothing happens during mediation , but in cases where there are disagreements, the process can be sped up considerably.
The duration of mediation is usually significantly shorter than litigation if both parties want to keep costs down and avoid legal fees. It may take three or six months for a divorce settlement to be reached through mediation, while it might take years if you go straight to litigation.
Furthermore, the cost of mediation is usually lower than going to court. For example, in a contested divorce where both parties are represented by attorneys and other professionals , it can be tens of thousands of dollars more expensive for you and your spouse to litigate rather than mediate. In many cases, people represent themselves in mediation, which can make the process more affordable.
The issues to be discussed
Topics may include custody, visitation rights, relocation, division of property and debts, and spousal support.
In the case of a contested divorce, one spouse may feel they are not being heard or that the other person is attempting to gain an unfair advantage in negotiations and will ask for mediation to be done separately.
The mediator will help both parties find out what issues need attention and then try to get them on track with each other to work out the problems.
In general, mediation can take anywhere from six months to three years, and it is an important first step in resolving a divorce. Divorce rates are lower for couples who go through mediation than those that don’t. A good mediator will make sure both sides have their concerns heard and taken into consideration.
Divorce mediation in Overland Park offers a less invasive alternative for separating couples that want an amicable and peaceful separation without any of the legal fees or court dates. In these cases, one party might feel like they have received a raw deal and are not being treated fairly. In that case, mediation might be the best option for them to talk about their concerns with an impartial third party who can help work out fair resolutions without taking sides.
Is Divorce Mediation really faster than litigation?
Some people think that divorce mediation is faster than litigation. Some say it can be more expensive and less fair, too. There are three types of divorce mediations: collaborative law , mediated settlement conference , and mediation-only.
Collaborative law is the least expensive option. Mediation-only is by far the most costly, but some people say it’s also faster to go through because there are fewer legal proceedings and less opportunity for delays. Divorce mediation vs litigation can be a difficult decision depending on your situation—but you’ll probably need help making that choice .
Mediation is an alternative to litigation that allows the parties in a divorce, custody dispute or other family law matter to voluntarily take control of their case. It’s more informal than court and less expensive because there are no attorneys involved. In mediation, both sides sit down with a neutral mediator who helps them identify common ground so they can arrive at a settlement they can both live with.
Mediation is generally less adversarial, which means it’s more likely to reduce the hostility and anger that may arise in litigation. It also gives you more control over your case because you’re deciding what issues to discuss or negotiate rather than an attorney representing one of the parties .
We help couples realize their dream of a peaceful, stress-free divorce.
Tips for success in your mediations
- You and your spouse should both have a clear understanding of the issues to be submitted for mediation.
- You should know what your spouse’s expectations are for the outcome of mediation.
- Identify all issues to be discussed during mediation, and then prioritize them in order of importance.
- Considerations about child custody can also impact an agreement on other aspects such as property division or spousal support.
- Outline the potential outcomes and how you would feel about each one.
- Agree on what is to be included in an agreement, such as which spouse will get custody of a child or whether there will be spousal support for either spouse.