Divorce, whether through a courtroom hearing or a mediated session, can be stressful. In either arena, a Stockton resident may feel as though he is fighting with a system that does not meet or that perhaps does not fully understand his or her needs. When a divorcing party feels stuck and wants to approach the divorce from a different angle, he or she may desire to make big changes to the divorce process.
In a courtroom setting, it can be difficult for a party to get a change of judge. A party can always change his representation, but doing so can present its own challenges to the timeline of the divorce as well. In a mediated divorce, a party is not required to have representation, but a spouse does have the ability to choose, with their soon-to-be ex, the mediator who works with them.
It is important to remember that in a mediated divorce a couple does not appear before someone who will tell them what they have to do with regards to bringing about the marital end. Rather, a divorce mediator simply helps spouses talk about their options for resolving issues such as child custody and support, alimony and property division. A mediator does not dictate a resolution, but facilitates a compromise the divorcing parties can agree on. But must a divorcing couple stick with the same mediator during a mediated divorce?
If, however, a party is unsatisfied with a divorce mediator or the divorce mediation process in general, he or she can seek changes. With the agreement of the other spouse, a divorcing couple may look for a new mediator. A spouse can also end mediation and move the divorce proceedings into the family law court.
Mediation is a great option for married persons who can work together to bring about the ends of their unions; for others the emotional stress of a failing marriage may not allow partners to work together to make their own decisions about their divorce. Those considering divorce or currently going through the process should be aware of the options available to them and how he or she could resolve legal divorce issues.