How Divorce Mediation Works: The Basics

Couple with a mediatorIn the event that both you and your spouse have amicably decided that a divorce is right for you, you might be the perfect candidates for mediation.

During mediation, both of you discuss your divorce issues with a mediator, which is a neutral individual, so that you could reach a mutual agreement about your divorce issues. If the mediation proves to be successful, you and your spouse would have to abide by the agreement once both of you have signed it.

What Happens During Divorce Mediation?

As stated above, your mediator would sit down with you and your spouse in one or several sessions to help you figure out issues common in a divorce, explains an experienced attorney who offers mediation and arbitration services.

These issues include child custody and support, spousal support, and property and debt division. Depending on the preferences of your mediator, he or she might require a sit-down with both you and your spouse, or meet with both on separate sessions, and just serve as a go-between for negotiations.

It’s crucial to note that mediators don’t have the legal power to give you legal advice and make rulings or decisions on legal issues. They likewise can’t take sides. The main job of a mediator is to help couples communicate their divorce issues better so that they could come to an amicable agreement.

In addition, it’s vital to keep in mind that your mediator can’t serve as you or your spouse’s attorney in the divorce. You would both need to get your own attorneys. Their job is to review the agreement you reached with your spouse during mediation in order that you could understand any legal consequences.

Should I Go for Divorce Mediation?

If you’re a great candidate for mediation, know that it could offer significant advantages over litigation where you take your divorce to court. Aside from being much more affordable than litigation, mediation is likewise faster.

Plus, divorce mediation would give you the chance to work out a more problem-specific agreement that’s more suitable to your particular situation. However, it is immensely important to note that while mediation is perfect for some divorcing couples.

It’s generally not recommended for couples with a history of physical, emotional, or mental abuse, or where one of the spouses has significant power over the other spouse. With that said, consult an experienced divorce mediator to determine if mediation would be right for your specific circumstances.