Divorce mediation is a way for a divorcing couple to make important decisions about their divorce with the help of a third party, the mediator. In mediation, you and your spouse work with the mediator to resolve issues regarding distribution of property, child custody, child support, retirement, taxes, and any other issues at hand. Mediation can be very beneficial for parents who are separating but will need to continue making joint decisions together. The mediation process can serve as a model for future communication for divorcing couples.
A mediator is a neutral third party who is specially trained to help couples resolve issues in their divorce.The mediator facilitates conversation by allowing each party time to speak and present their side of the issue without interruption or dispute. The mediator may also ask questions of each party, or ask a party to restate their argument in order to make sure communication is as clear as possible.
The mediation process usually consists of a series of meetings. In the first meeting, the divorcing couple and the mediator will go over all the issues they want to discuss in the mediation. They will identify all the information that will need to be shared. The couple will usually need to gather any documents, financial data, or other information that is relevant to the issues they want to discuss.
Then, there will be further meetings where all three parties decide on a way to compromise on the various issues so that all parties feel satisfied. In these meetings, the mediator will help by providing information about the court system and common ways those issues are usually solved. When the couple reaches an agreement, the mediator will draft an agreement which will be reviewed by both parties and their attorneys.With mediation, no court appearances are necessary by either party.
Court documents regarding the agreements reached in mediation can be filed by the party’s attorneys. The attorneys can assist with starting the dissolution of marriage action, preparing and filing the necessary disclosure documents, and preparing the final papers to be filed with the court.
Mediation can be as simple or as complex as is necessary to reach an agreement between both parties. The entire process can be flexible to fit the needs of either party. Though every case is different, the average length for the mediation process is three to four two-hour mediation sessions, which are spread out over about a month or two. If the case is more complex, it can take four to six months to complete.
Even if your case is very complex or difficult, no case is too complicated for mediation. Mediation may also involve the use of accountants, appraisers, financial planners, and attorneys. It is important to note that mediation is not a substitute for an experienced attorney. Even in mediation, both parties are encouraged to obtain their own legal counsel to look over the agreement before it is signed. Even if the mediator is a lawyer, they cannot give either party legal advice while they are mediating.
