Rhode Island Divorce Mediation

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Divorce is considered to be highly stressful and painful experience. Some people find themselves incapable of fulfilling all legal formalities due to the impact of their emotional suffering during the process. The resolution of some essential issues related to the marital relationship such as finalizing the child custody plan, child or alimony support, property or debt distribution and other such issues. In some cases where both the divorcing spouses have failed to reach a common agreement about settlement of all possible marital issues, the court may take some other legal actions. In such cases, the court may order the divorcing spouses to attend the mediation session. The mediators helps the clients to resolve all marital issues without being biased on one specific party.

Role of a mediator in Rhode Island Divorce Proceedings

A mediator can have much importance in terms of settling all unresolved marital issues after proper analysis of the circumstances present between the divorcing parties. Some of the major functions of mediators are:

  • Helps the parties to reach a mutually agreeable resolution of the disputed issues
  • Creates a range of options that the parties can explore
  • Helps each party in clarifying and identifying the self concerns, requirements and interests
  • Does not play the role of an advocate for either party
  • Makes communication between the parties easy in an impartial and neutral way

If a lawyer is playing the role of a mediator, then such a lawyer:

  • Does not offer legal advice
  • Does not make decisions for the party
  • Does not advise settlement positions
  • Does not represent any party

Co-mediation in Rhode Island Divorce Mediation

In co-mediation, the divorcing couple talks with a team of two professionals, namely a social worker and a legal professional. In case the dispute comprises of both the children and their economical concerns, then these can be resolved better. Due to co-mediation, the finally decided parent is usually found to be profitable to both, the children and the parents. One significant advantage associated with this process is that the third party provides its views without any prejudice or bias.

Finalizing the divorce after mediation

During mediation, all the disputed topics (like terms of separation, parenting plans, visitation schedules, property and financial settlements etc) are discussed and a Memorandum of Understanding which explains the settlement is prepared. This memorandum is signed by both the parties. Both the parties select a lawyer who reviews the signed memorandum and converts it into a marital settlement agreement. This agreement is presented in the Court and there is a hearing during which both the parties are present. However, this hearing is merely a formality. Moreover, this is the single occasion when the parties have to be present in the court.

Comparing mediation and litigation

  • Mediation results in maintenance of dignity. The spouses collaborate to make the best of a bad scenario. Although they can't save the marriage, they can save the divorce.
  • Because the parenting plans, spousal support plans, and child support plans are mutually accepted during the mediation session, it is more likely that the plans would be adhered to in the future

    If the spouses feel a lack of fairness in the judge's decision or due to the bitterness promoted during the litigation, the divorced partners might not feel committed to the judge's plans.

  • In mediation, the divorcing couple determines the pace of progress of the process

    In litigation, the divorcing couple has to compulsorily follow the timetable that is scheduled as per the requirements of the court and the lawyers

  • The mediator is bound to assist the participants to reach a fair settlement

    The deciding factors in litigation are the relative aggressiveness of the opposing lawyers and the relative stamina of the divorcing spouses for Court battle

Divorce mediation in Rhode Island saves a lot of time by solving the unresolved marital issues and arguments between the divorcing individuals. Many critical issues such as child custody or property distribution etc, are easily sorted out with the help of mediators. Another crucial advantage of mediation is that it actually provides emotional support to the divorcing spouses and to the related individuals such as children in the family.

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