Kansas Divorce Mediation

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Circumstances which decide if Kansas Divorce Mediation is apt

If the following conditions exist for a divorcing couple, then selection of mediation is the appropriate decision.

  • Children are a high priority
  • Desire to maintain post divorce relation
  • Reconciliation is possible
  • Readiness of full asset disclosure
  • Timeliness is important
  • The couple is concerned about privacy
  • Concerns about financial cost

On the other hand, if the below mentioned conditions exist, it would be unwise to opt for divorce mediation.

  • One spouse refuses to communicate
  • Considerable mental illness
  • Low confidence in self capacity to make decisions
  • Incomplete asset disclosure

Kansas Divorce Mediation Myths

Myth - For each divorcing couple, mediation is always the best alternative.

Truth - When the divorcing partners can speak with each other regarding the issues that are important for them and can display a good behavior in mediation, then mediation is the best alternative for them. However, a divorcing couple with substance abuse issues or history of domestic violence should avoid mediation and instead have attorneys representing them.

Myth - While mediation is in progress, the mediator determines which option is fair.

Truth - A mediator is not empowered to make decisions regarding the divorcing couple. In this aspect, the mediator differs from an arbitrator or a judge. While mediation is in progress, it is the duty of the mediator to assist the divorcing couples to negotiate an agreement which both think is sufficiently fair to accept.

Myth - All divorce attorneys understand and endorse mediation.

Truth - Divorce mediation is a relatively new concept. All attorneys who are familiar with the adversarial approach have little or no experience with the non adversarial mediation technique. Some of these attorneys argue that divorcing couples should not settle issues on their own, but only through lawyers. Such attorneys do not support mediation. However, the scenario is gradually changing. Attorneys are slowly becoming aware of the fact that mediation is helpful for some divorcing couples. Some divorcing partners are in search of lawyers who are 'mediation friendly' to mediate their divorce.

Myth - Lawyers have no place in mediation.

Truth - If a particular lawyer is understanding and supporting mediation, then this lawyer can assist the divorcing couple undergoing mediation by many methods, like -

  • Sprouting up creative settlement concepts
  • Offering coaching through the negotiations
  • Providing information regarding the legal rights and options
  • After the divorcing couple signs the agreement, the lawyer can prepare the necessary divorce paperwork

Most of the lawyers which are hired for the mediation process do not demand a huge retainer (advance deposit) and charge a reasonable hourly fee. A divorcing partner pays only for the consulting time.

Myth - Due to mediation, the duration of divorce procedure increases.

Truth - Mediation generally requires less duration to complete than a divorce.

Myth - Choosing mediation results in more irritation than hiring a lawyer to handle a divorce.

Truth - The divorcing couple has to do some homework like collecting information and making decisions in case of mediation as well as hiring a lawyer for a lawsuit. Mediation is a smooth approach for making decisions and collecting information while the Courts represent an expensive and onerous task.

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