Divorce mediation is a form of collaborative divorce where the divorcing spouses agree
to see a third party neutral mediator instead of completing their divorce through the court system.
There are many advantages to divorce mediation. Mediation is both flexible and confidential. Divorce mediation is typically less expensive and a quicker process than going through traditional adversarial divorce court procedures. Additionally, the divorcing couple has greater control over the mediation process and it is confidential, unlike court procedures.
The greatest advantage to divorce mediation the use of a third party neutral mediator who helps the parties come to a win-win solution.Unlike the adversarial court process of divorce court, there is no winner and no loser in divorce mediation, only compromise.
Mediator
Divorce mediation is an especially advantageous process for divorcing couples with children since they are going to have to work together and interact with one another for a long time. The mediator can help the couple communicate and help their post-divorce relationship improve. The mediator helps the divorcing couple work through the issues that need to be resolved so both parties can resolve issues amicably and in a cost effective manner. Such decision can include spousal support, division of property, parenting plans and parenting schedules.
Mediators are a neutral third party. The mediator does not advise either party. Sometimes spouses will have lawyers represent them in mediation and sometimes the parties come to mediation without attorneys. How the mediation is set up is strictly within the parties’ control and mediation is completely voluntary. Mediators help keep communication open and allows for the open and free exchange of information freed up spouse to negotiate with each other in confidence. The mediator meets with the divorcing couple in an effort to discuss and resolve the issues in the divorce. The mediator does not make decisions for the divorcing couple, but serves as a facilitator to help the divorcing couple figure out what is best.
Do I need a lawyer?
There are lawyers who support mediation. Divorce mediation can be done with or without lawyers. Lawyers can inform the spouses of their legal rights and options, coach them through the negotiations, help come up with settlement ideas and prepare the necessary divorce paperwork once an agreement is signed. The lawyers may sit in the mediation with their clients or may simply advise them.
Successful Mediation
In order for divorce mediation to be successful, both parties have to be willing to negotiate and be open to compromise. At the end of negotiations, the mediator or one of the attorneys will write an agreement and a parenting plan or schedule. These documents will be incorporated with the rest of the divorce paperwork and will become part of your divorce judgment. This gives the divorcing couple the ability to use the court to enforce them if one party does not do what the agreement says they will do.
Divorce mediation has many advantages for divorcing spouses, including a third party neutral mediator who works with both spouses to come to a win -win solution that leaves both with a compromised settlement agreement they can both be satisfied with.
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