Divorce Mediation: Just the facts
If you are facing divorce, mediation will probably come up as you join thousands of other couples who are also trying to decide which method is best. Some divorce cases get resolved quickly, but others require a little more planning. This can be done through mediation. There are a wide range of benefits to using mediation, though there are also some things you should know before considering it. Mediation is the process of having a third-party representative, known as a mediator, help resolve any issues or disagreements you may have during the divorce. They remain neutral and help facilitate the divorce.
What are the benefits of mediation?
The first thing many people want to know is why they should go through mediation in the first place. There are a number of benefits when you choose this option. It will be less expensive than a court trial, which could happen if your issues are not resolved, and works as a settlement process to avoid court. It also helps both parties come to a resolution that is in the interest of everyone. The court doesn’t control the mediation process, the people getting divorce do. You also still have your attorney, as does your spouse, to help facilitate the process.
Who should get mediation?
If you are in the middle of a divorce that has not yet gone to divorce court, and you are already experiencing disagreements, then mediation is a good idea. Couples with children who are currently deciding on a possible custody plan also go through mediation to help resolve it before going into a difficult custody battle. But even if you have not experienced any issues, it is still a good idea to ensure the divorce goes as quickly and smoothly as possible.
What is the role of a mediator?
It is essential that you have a good mediator in the mediation process. This person acts as a neutral party who does not side with either party. They are there to facilitate the divorce and allow for proper communication between both spouses and their lawyers. During mediation, they allow each person their turn to speak about their concerns. They will also provide information and updates to lawyers and the court system, and look for other alternatives to get an issue resolved.
What happens during mediation?
Mediation takes several sessions with all parties, including the mediator and lawyers. Each session lasts about an hour or so. The first session is when all issues are identified by both parties. The mediator makes sure each party gets equal turns to speak. After the first session, mediation is more about coming to a compromise with custodial issues and financial agreements. Appraisers and accountants are often included in this process to get everything resolved. Once an agreement has been made, the mediator’s final role is to create drafts of the agreement and have it signed by both parties and lawyers.
Contact the divorce attorneys at Kulerski and Cornelison today to get the information you need to make an informed decision and find out more about our divorce mediation services!