Rhode Island Divorce Mediation

Role of a mediator in Rhode Island Divorce Mediation

• 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 2 professionals, namely a social worker and a legal professional. The discussion between these 4 people results in the divorcing couple gaining a view of the mental health field as well as the legal field. In case, the dispute comprises of both the children and the economical concerns, then these can be resolved better. Due to co-mediation, the parent planning which results is profitable to both, the children and the parents.

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 singular 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.

  Very self assured persons also watch themselves and their spouse being reduced to the lowest state during litigation. They have a debilitating experience

• As the parenting plans, spousal support plans and child support plans are mutually acceded to during mediation, it is more likely that the plans would be adhered to in the future.

  If the spouses may feel a lack of fairness in the judge’s decision or due to the bitterness promoted during the litigation, the divorced partners may 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

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