07/10/2024
I am happy to tell you that divorce does not have to be awful, or adversarial, or expensive. Having excluded lawyers from the mediation process for over 11 years now, I am convinced that most divorcing couples want and can achieve a fair outcome that doesn't divorce either party from their children, their in-laws, their friends, or their Church Community. Fortunately, Indiana Divorce Mediation Group, and only a few other mediators in Indiana, offers couples the opportunity to reach these goals through the process of pro se mediation (which means neither party is represented by an attorney).
Why pro se? Rightfully so, a lawyer's job is to zealously represent his or her client against an opposing party. In certain circumstances, such as in abusive relationships, or when one party believes the other would hide assets, a domestic relations attorney is absolutely necessary. That attorney has subpoena power and is trained to advocate for the client. Unfortunately, each attorney in a divorce case must proceed as if he or she represents the "good guy" against the "bad guy". Hence, the adversarial process necessarily begins.
A mediator's job, on the other hand, is to help a divorcing couple reach a fair and equitable decision that is consistent with Indiana law and in the children's best interests. This is an awesome responsibility and goal that is very different from the responsibilities and goals of a lawyer.
While each of these professionals has a necessary job to do, I am convinced that neither of them will be in compliance with their professional rules of conduct unless each is independent from the other.
In other words, it is my opinion that 1) those couples who need attorneys because there IS a good guy and a bad guy, should not be forced to mediate the outcome, and 2) that couples who know there Is NO bad guy, should not get divorced in an adversarial process that assumes there is.
If you want to get divorced and you know there Is no bad guy in your marriage, call 317 576 8404 for more information about Indiana Divorce Mediation Group.
