Monthly Archives : April 2019

  • Is it Too Late to Sign a Prenup?

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  • Should a Family Suffer Because of DNA?

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  • Mediation versus Lawsuit: A Case of Custody

    Divorce is never an easy matter and things can turn ugly during the settlement of disputes. This is worsened with the involvement of children, leading to long and tiring custody battles in the courtroom by the involved parties. Thus, it is perhaps beneficial that clients considered the alternative of consulting with a divorce mediator, which could settle grievances in a more tactful manner. A few main factors may be assessed towards making the best decision.

    In the case of a divorce lawsuit, each party is represented by their own lawyer who defends the client and makes negotiations for the termination of a marriage. Litigation is presented in front of a judge in the family court of law if the lawyers do not come to a peaceable agreement. Through this arrangement, the final decision lies in the hands of the judging official. Although different states and countries may have contrasting steps in their lawful practices, the procedure is essentially similar. These cases may last up to 3 years.

    The biggest issue with the divorce approach is that there might be a lack of fairness in the ensuing decision that may be detrimental to one party and any children involved. In other words, the better case based on the merit and standing of the client will overrule equality.
    Alternatively, with a divorce mediator, both parties iron out details with an impartial third-party (mediator) through a collaborative settlement of divorce away from the court. Mediation offers fewer complications and professional mediators are trained to offer a decision that is ideal for both parties and any children who might be involved, balancing financial matters out in the most justified manner. Mediations may be settled within 6 months through several sessions.

    Ultimately, the couple has full arbitration over the outcome and the mediator is the authority who legalizes the divorce based on their decisions.

    The issue with mediation is that couples must amicably agree to the terms set out by the mediator for the process to work out.
    The final decision lies in the motive of the involved parties, do they value the needs of their children over their own personal sentiments and fulfillment?

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