Divorce Mediation

Mediation is an option when getting a divorce, as an alternative to a divorce trial. It is a way of discussing any disagreements and coming to a divorce agreement. Mediation is when both spouses and their attorneys meet with a court appointed neutral third party to try to settle any differences.

What Mediation Can Resolve

Through mediation, spouses can settle all aspects of a divorce, including:

• Who will have custody of the children
• Whether or not child support will be paid
• Whether or not alimony will be paid
• The division of all assets and debts

Advantages of Mediation Over Court

There are certain advantages to trying to come to a resolution through mediation instead of court. Because the mediator is a neutral person with no interest in the outcome, they will offer objectivity that may help a couple that is still emotionally invested to come to a fair agreement.

Additionally, mediation is confidential. Anything that is spoken about during a meeting with a mediator cannot be presented in court should a divorce trial become necessary. In court, everything that is said is taken down by a court stenographer and can be recalled at a later time.

Mediation Steps

Mediation involves the following steps:

• The mediator explains the process to the spouses
• Identification of the issues to be resolved
• Discussion between the parties as to what each thinks is fair
• Negotiation to try to resolve the issues
• Reaching an initial agreement
• Approving a final agreement

The mediator must make sure that both parties understand what the initial agreement entails and that both are satisfied with the agreement. Then the mediator will draft the final agreement. Once the final agreement is complete it must be taken to the court for approval.

Mediation is a good alternative to a divorce trial. It allows both spouses to sit down with a neutral third party to try to come to an agreement regarding all aspects of the divorce in a confidential setting. Mediation is much more likely to be successful if both parties have mutually agreed to the divorce and there isn’t a great deal of animosity between them. If one or both spouses are angry and looking for revenge then mediation probably will not work and the divorce may have to go to trial to reach a final agreement.

This article is for informational purposes and does not constitute legal advice. Please contact an attorney in your local area for more information about divorce law.

Additional Legal Pages: For more information about divorce mediation please visit WurtzelLaw.com