Sometimes, both parties can’t begin their divorce proceedings without trying alternatives first. In fact, many jurisdictions around the country require both parties to participate in counseling or work with a mediator to settle their differences. Long before the trial preparation or even the filing of the divorce itself, both parties will be given an opportunity to resolve their issue and make the impending divorce amicable.
Mediation and counseling: who needs it?
The prospect of divorce makes both parties feel significantly emotionally charged. That reason alone is why some states require the divorcing parties to seek guidance from a mediator or a counselor before going ahead with the divorce proceedings.
Mediation is a settlement of a dispute, which involves setting up an outside meeting between both contentious parties and a neutral third party to help both come to an amicable settlement. When it comes to impending divorces, a successful mediation helps keep a divorce uncontested and, in other words, completed as soon as it starts.
Counseling, on the other hand, works much like mediation, though it’s more of a way to help both parties ease their emotional tensions before going forward with their impending divorce. The act of counseling places a neutral party in a situation where they help either spouse resolve their emotional problems stemming from their relationship and the impending divorce.
Most, if not all, divorcing couples will need some form of counseling or mediation before proceeding with their legal matters. As mentioned, that’s probably the most important part of keeping a divorce uncontested.
The necessity of mediation and/or counseling
Emotions run high when entering a divorce. That makes mediation and counseling important to the divorce process. Sometimes, a divorcing spouse gets completely blindsided by their spouse’s unexpected behavior during the course of the divorce proceedings. Entering counseling sessions helps both parties resolve their emotional distress toward one another and move forward with the divorce.
Mediation works in a similar way, only it helps both parties come to an amicable agreement. Although both methods work to help resolve issues before proceedings start, they don’t work all the time. Due to that, both parties are required to keep their lawyers ‘in the know’ about their counseling or mediation sessions.
Keeping a lawyer at your side will help you navigate ‘deceptive’ sessions that lead to nowhere. Though, in most cases, your lawyer can help you stay aware of what you need to do to make the divorce proceedings amicable. That’s the key to having your divorce conclude as smoothly as possible.