Mediation in divorce proceedings
We live in a competitive and diverse world that contains many population groups and people who hold different opinions and desires.
In order to avoid frequently fighting and arguing, it is sometimes necessary to take a break for breath and thought, just before breaking the rules and resorting to force.
For those who choose discretion and negotiation, it is recommended to resort to mediation.
What actually is mediation?
Mediation is a tool for resolving disputes with the help of a third party, which helps the parties reach an agreement and resolve any dispute and friction that may arise between them, whether it is a small, personal dispute between one person and another or a political conflict between powers.
Mediation is a channel of action with advantages, and today many people turn to it even in matters of Divorce and family.
When should you seek mediation in divorce proceedings?
Separation between spouses is not an easy thing and is a process that is usually accompanied by many thoughts, pressures, and fears.
This becomes even more complicated when children are involved in the process, which also raises the issue of Custody Children and visual arrangements.
One option is to begin a long and exhausting legal process that involves a lengthy delay between courts, Home Rabbinic Law and lawyers, which, in addition to the time involved in managing it, can cost a lot of money and add fuel to the fire.
The second option is to resort to mediation, which allows the couple to separate in a friendly and mutual manner, through formation. Divorce Agreement which is acceptable to all parties.
Seeking mediation is suitable for couples who wish to end their separation as quickly as possible, without causing unnecessary suffering in addition to the difficulties that naturally accompany the process.
Who is allowed to engage in divorce mediation?
The field of mediation in Israel is quite developed and today almost anyone can serve as a mediator, but if the matter is handled within the walls of the courts, it is mandatory to hold a certified mediator certificate and have professional experience.
Divorce mediation is no different from the norm, and anyone can serve as a mediator in this field. However, it is recommended to choose an experienced mediator who specializes primarily in divorce and family law.
Today, a significant portion of the legal community is undergoing mediation specialization, and therefore the optimal choice is a mediator who is also lawyer, and has knowledge and experience in divorce and family law.
The advantages of resorting to mediation in divorce proceedings
Turning to mediation carries many advantages for both parties: First and foremost, it provides peace of mind for the couple, and especially for the children, as separation is already traumatic and painful, and starting lengthy and ugly legal battles could lead to great additional pain for all involved in the process.
Another important advantage is in the economic aspect, since mediation is a significantly cheaper procedure compared to a legal procedure that includes significant financial expenses such as paying lawyers, paying the court for its valuable time, including costs associated with filing a lawsuit and opening a case.
In addition, in the mediation format, the spouses control the process throughout its management and up to the final decision.
The disadvantages of resorting to mediation in divorce proceedings
Mediation is generally the appropriate and preferred path for divorcing couples. However, there are cases in which it is not advisable to resort to mediation in the first place, such as when the divorce is based on many financial matters and Property division Complicated.
Under these circumstances, by conducting a legal proceeding, a certain party can obtain a higher amount of money than under any agreement that would be signed.
In addition, it is very important to remember that an agreement formed following mediation is final and very difficult to revoke from the moment it is signed.
Click here to read about it. Arbitration in divorce proceedings
For legal advice from a lawyer specializing in family law and divorce, click here:
Legal Assistance – Divorce Proceedings
