All benefits are all: for mediation versus court proceedings or a rabbinical court
This is not always easy, but if couples are able to adopt the mediation procedure as a substitute for legal proceedings, they will gain six significant benefits that will contribute to both the separation and the final outcome.
Couple getting divorced in mediation procedure (illustration photo: shutterstock)
Spouses in divorce proceedings with mediator (Photo: ShutterStock)
The divorce experience is one of the most difficult crises that can go through life. When conducting this procedure in family or rabbinical courts, it can take a heavy toll - both mental and financial, and all while seriously hurting the spouse and children.
The mediation procedure, on the other hand, allows the separation to be painful, but less so. What are its key benefits?More in Walla! NEWS More in Walla! NEWS
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Conducting a mediation procedure allows the parties (and only them!) To take the reins into their hands and control the agreements reached. The parties come together to understand (with the help of a lawyer, mediator) and formulate the terms of the divorce agreement. Thus, they gain control over the decisions that are made, as well as create a mutual commitment to respect those decisions.
The parties formulate the divorce agreement at their proper pace and are not subject to the dictates of the court or rabbinical court. This allows the process to be accelerated or slowed down, depending on the wishes of the parties and their personal circumstances.
The parties conduct the divorce process as they see fit, with no involvement of the welfare bureau or relief officials. The parties maintain their independence and confidentiality of the procedure.
The parties conduct a divorce procedure with mutual respect (with the help of a lawyer, mediator) and respectful communication, while at the same time they refrain from denying the other party. This saves both sides and the children both pain and sadness. Also, children whose parents separate in a softened process while understanding and cooperating experience the separation as more pleasant and save them from the turbulence of emotions that may accompany the war between parents.
Savings of expenses
Sometimes the lawyer is also the mediator. In such a case, it provides service to both parties and leads them to the mutually agreed upon agreements. In this case, the couple saves a lot of expenses such as fees, hearings, investigations, affidavits, summaries and more.
The cost of the mediation process, which is shorter and more focused, is significantly lower than conducting a divorce proceeding in a family or rabbinical court, even when in the mediation process each party is represented by a lawyer, in addition to the mediator. Managing a court or tribunal procedure is always more expensive due to numerous related expenses such as: expert opinions, diagnoses, various treatments, parental guidance and more.
Another economic aspect concerns the consequences of legal proceedings. Mediation significantly reduces "bad blood" between parents, thus preventing children from remaining traumatized by such and other treatments, which also involve high expenses.
Save traumas from children (illustration photo: shutterstock)
Many parents next to a girl (Photo: ShutterStock)
Respect for the agreement
Respect for the divorce agreement is even more important than its wording. A divorce agreement, worded as it may be, does not guarantee that both parties will respect it. When one of the parties violates the agreement, enforcement action is required by referral to the court or execution. In order to save these expenses, it is best to come to an agreement form with understanding and cooperation. An agreement drafted by the parties with the agreement and cooperation increases the likelihood that both parties will respect it and save future legal expenses, along with great grief.
A lawyer who specializes in mediation can help the couple reach a fair and binding divorce agreement while taking all the means and exploiting the possibilities for establishing honest communication between the couple during this turbulent time.
Rabia-Tal Solomon is a lawyer and mediator specializing in family law, execution and personal and professional support of families in crisis.
The article is courtesy of Zap Legal
The information presented in the article does not constitute or replace legal advice and does not constitute a recommendation for taking proceedings or avoiding proceedings. Anyone who relies on the information contained in the article does so at his own risk