When Is Mediation Appropriate?

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Mediation is an alternative to a litigated divorce that allows you and your spouse to resolve your issues outside of court. This presentation talks about divorce mediation and when it is appropriate.

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WHEN IS MEDIATION

APPROPRIATE?Information for Those Considering Divorce Mediation

Mediation as an Alternative to Litigation

Mediation is an alternative to a litigated divorce that

allows you and your spouse to resolve your issues outside of

court

It is less expensive, less stressful and more likely to produce a result that everyone is happy with

Because it has so many advantages,

it is the right solution in any divorce where it is feasible

Mediation Requires Cooperation

Mediation involves you and your spouse resolving issues

related to:

•Property division

•Child custody

•Spousal support

You must be willing to cooperate or mediation will be a waste of time

Mediation is Appropriate If:

You and your spouse are

willing to work together to come to a

compromise agreement

A mediator does not take sides in a divorce proceeding but instead helps to facilitate communication between you

and your spouse so it is easier to reach an agreement

All of the information you need to work out a financial

settlement is available

There is no judge to require financial documents be turned over or to compel you to work together

You need to be willing to share information openly

in order for mediation to be a viable option

Mediation Can Work If:Mediation Can Work If:Mediation is Not a Viable Option If Your Spouse is

Abusive

Because mediation requires you to work closely with your spouse, this solution to a divorce is generally not recommended in

situations where there has been violence or threats of violence

Mediation Is a Bad Choice if:

Mediation Is a Bad Choice if:

One spouse is trying to punish the other spouse

One or both spouses is unwilling to compromise and work together

One spouse is contesting the divorce

One spouse is unwilling to be honest or share information about finances

When you submit to mediation,

you need to be prepared to pay for a mediator

The costs of mediation are usually far

less than the costs of a litigated divorce

Still, you do need to have the money available to pay the bills

for a mediator

The quicker you are able to resolve your differences and the more willing you are to

compromise, THE LESS EXPENSIVE

MEDIATION SHOULD BE

An Attorney Can Help Reach an Agreement

If you are mediating a divorce, having an attorney

can help increase the chances of success

Your attorney can explain your rights and likely court outcomes so you can act with all the facts when negotiating in mediation

Your attorney will also help to

protect your legal rights

in mediation so your divorce

settlement is a fair one

We can be reached by phone at 507-625-5000 or through our

websiteClick to visit:

RokoLaw.com

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