Mississippi Divorce Mediation
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Divorce is the legal way to terminate a marital relationship. This termination can happen in many ways. A couple may want to fight in the court making their private matters public. Otherwise they can settle their disputes amongst themselves, if necessary with the help of a lawyer. Again many couples face the court and as per the court orders, try to come to a common consensus while undergoing mediation. A mediator, who remains faithful to both the parties, tries to settle the case in a peaceful manner. This is also true about Mississippi divorce mediation. In Mississippi, this process is usually observed in divorces involving children. The court can order separating parents to go for reconciliation conference with the help of a reputed and well-trained mediator. The mediator must be appointed by the court.
In Mississippi, a mediation or "alternative dispute resolution" is specially required when the separating parties are eager to settle conflicts through a negotiation. This process discards away the necessity of parents and children attending courtroom proceedings a number of times. Sometimes the court may consider the best interests of children involved and order parenting classes or similar activity as a replacement of reconciliation conference.
Getting started with Mississippi Divorce Mediation
The first step is that the divorcing couple should browse the website of any mediation firm to conclude whether it is a good idea to approach this firm. Then, the couple should call the office of the firm and reveal to the receptionist that they wish to have an initial orientation session. The duration of this session is almost 30 minutes and the mediator charges about 100 USD (in the year 2009). At the end of this session, the couple has 2 choices:
If the couple decides that they do not wish to continue with this firm, then this is the end of the matter and both do not have any obligation towards the firm.
If the couple thinks that they wish to have the first session with this law firm, then they have to convey their decision to the firm. The firm then arranges this first session usually 7 to 10 days after the orientation session. The firm offers the divorcing couple a Retainer Letter for which the couple has to pay 2,500 USD (in the year 2009).
Why Mississippi Divorce Mediation is gaining popularity?
More and more couples are now realizing that although their decision to split would terminate their marriage, it does not essentially mean that their family has also ended. Instead, both need to interact together in the future for several years. Thus, it is not only important to resolve the conflict amongst them, but the resolution must be done in such a way that both can cooperate with one another in the future. As these aims are fulfilled throughout the process, it is gradually gaining popularity in this state.
Why lawsuit is not better than mediation?
In a lawsuit, the divorcing couple hires a lawyer each to resolve the disputes. The only thing certain about a lawsuit is that there would be a good fight. It is not in the best interests of the divorcing couple and their children to have any fight. However, it is most profitable for the couple if they can reach an agreement that is acceptable to both of them without going through the lengthy and exorbitant lawsuit. So, lawsuit is not better than negotiation process.
Why go for Mediation?
Couples feel very hurt and disappointed when the issue of separation arises. As a consequence of this fact, communication between them becomes more difficult. Now the question arises that if the couple cannot communicate with each other, how will they take part in mediation?
The circumstances are such that it is very difficult for the divorcing couple to discuss their issues alone. However, if they are offered the right setting and the help of trained professionals, which is exactly what is done in mediation, - then this couple can talk about their issues intelligently amongst themselves. The mediator plays a crucial role in creating the right sort of atmosphere wherein both feel that it is profitable to reach an agreement.
In Mississippi, a divorcing couple can avail mediation services offered by Alternate Dispute Resolution provider’s organizations, attorneys or persons who have considerable experience in legal areas. The state laws do not specify any rule for the eligibility criterion to become a mediator. A mediator's name must be included in the Section X of the Court-Annexed Mediation Rules for Civil Litigation that was issued by the Mississippi Supreme Court on October 8, 1998. Thus, it is necessary to choose a mediator who will consider the goals of each partner and try to resolve the case in a fair manner.
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