Understanding Divorce Mediation

Mediation is one of the most popular techniques for negotiating a divorce settlement. A professional mediator meets with both you and your spouse over multiple sessions to discuss and resolve difficult issues surrounding your divorce. The mediator serves as a facilitator to help both of you determine the best possible solutions. However, the mediator guides you toward negotiation but does not make decisions for you.

Advantages of Utilizing Professional Mediators

Many couples contemplating a divorce should consider consulting with a mediator as an alternative to litigation. The primary goal of mediation is applying what you and your spouse view as fair for your relationship and the children into a document to present to the court. The process provides the opportunity for you to discover unique solutions geared toward your individual situation. It is beneficial for most couples and has an extensive list of advantages.

• Enhances affordability. The process is less expensive than a series of hearings or court trials because only one mediator is needed instead of two or more attorneys.
• Supports confidentiality. The information you share in mediation is confidential. There is no public record of what transpires in your sessions.
• Maintains control. You and your spouse guide the process to arrive at a resolution based on what is fair and applicable to your situation, instead of having the court impose a solution based on impersonal and inflexible legal principles.
• Encourages settlement. You can resolve issues and create mutually acceptable solution addressing the issues important in your divorce.
• Improves communication. The process can enhance interactions between you and your spouse, helping avoid future conflicts and improving the home life for your children.
• Reduces conflicts. A neutral mediator assists couples in arriving at a mutually acceptable agreement by emphasizing cooperative problem-solving that addresses the needs of everyone involved.

A mediator is useful for all kinds of conflict. However, he or she is especially beneficial in the context of family disputes and divorce.

Identifying Suitable Cases

Mediation is worth trying for most couples, but it is not for everyone. For instance, if there is domestic violence in the relationship, some people find it empowering to engage on a level playing field during a session with the mediator. Others encountering abuse during the marriage perceive the risk of duplicating the relationship dynamics are too high and opt instead for litigation. If you decide not to use a mediator before the divorce, you can do so after the divorce to resolve any issues that may arise.

Getting Started

After a mediator discusses the fundamentals and goals of the process, you and your spouse can comment briefly about your situation. The mediation process includes asking clarifying questions to ensure everyone understands all the details. The next step is assessing where some work is required to reach an agreement. After you have a sense of what needs to be achieved, the mediator, who has years of training and experience, will assist you and your spouse to plan how to accomplish the goals. If you are dealing with property issues and child custody questions, you might have to gather more information.