Pennsylvania couples have multiple options when it comes to the method they use to get a divorce. While divorce mediation is a viable option, it is ideal only in certain situations. Before engaging in mediation instead of hiring an attorney, individuals should first consider some important issues.
Mediation is a process in which a neutral party assists divorcing spouses with resolving their divorce legal issues without engaging in litigation. The neutral party, or mediator, is typically an attorney who specializes in divorce mediation. The mediator can act as a buffer while assisting both parties through difficult issues.
One important factor to consider when determining if mediation is the right divorce strategy is how trustworthy a spouse is regarding the children and marital assets. An individual who does not trust their spouse to work with them and make the right decisions regarding the care of their children may not want to go with mediation. The mediation process can only work if both spouses believe that the other has the best interests of the children in mind and is willing to work to reach mutually agreed upon resolutions.
Finances and assets are other areas in which it is important to trust a spouse. The mediation process will not work if either side harbors suspicions that the other party is not being completely forthcoming about assets, income and debts.
An attorney who practices collaborative law and provides divorce mediation services may advise a potential client on whether mediation may be appropriate for their divorce situation. The attorney could explain how mediation may be used to achieve resolutions for emotional divorce issues, such as child custody and support.