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Mediating divorce can be more amicable than litigation

The thought of going to trial to fight for assets when dissolving a marriage can understandably be stressful and overwhelming. However, traditional litigation is no longer unavoidable when getting divorced in the state of Alabama. Divorce mediation has made it easier for couples to work out their divorces' terms without further court intrusion.

In mediation, a third party essentially facilitates communication between the two parties and helps them to pursue creative problem-solving. This mediator helps each party to focus on his or her own interests during the negotiation process. The goal is for the couple to arrive at an agreement on their own, one that is mutually beneficial and satisfactory.

The process usually starts with what is known as a general caucus, during which the mediator establishes the basic rules for the two parties. A critical rule is that confidentiality must be maintained. Usually, all matters that are disclosed or that take place during mediation cannot be disclosed to others unless the parties agree on this. If the parties cannot come to an agreement, they will have to rely on a judge to make important decisions for them regarding matters such as child custody and property division.

Mediating a divorce is most effective when both parties feel that they can express their opinions confidently and completely. A willingness to negotiate in good faith is also critical. An attorney in the state of Alabama can explain the steps of mediation and what a reasonable outcome may be in a given situation.

Source: findlaw.com, "Divorce Mediation", Accessed on March 21, 2017

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