The basic premise of divorce mediation is to avoid the adversarial process and reach a fair and equitable settlement for both parties. In other words, the mediator’s role is to serve as a neutral third party, facilitating communication between the parties. This approach differs from positional negotiation, which emphasizes one party’s position over the interests of the other. A mediator will be able to set boundaries for the parties regarding the children.
If you are going to mediation, you should have a complete list of assets and debts. Assets include bank accounts, cars, credit card balances, valuable property, and retirement funds. The mediator can help you only if he or she knows the whole picture. Before the mediation, you should gather all documents necessary to start the dissolution action. You can also consult the court’s website for a list of certified mediators.
The first meeting helps set the basic framework for the mediation process. During this meeting, the couple will discuss the issues they wish to settle. For instance, parents with children would discuss child custody, spousal support, and child support. It is also essential to gather any financial statements or tax returns. This information will be helpful to the mediator and will help you reach an agreement on the terms of your divorce. Once this process is completed, you and your mediator will sign a written document that will serve as your divorce decree.
As the mediator helps the parties brainstorm their options, he or she will keep the process focused and ensure that both sides are presenting their best interests. The mediator will also encourage them to exchange ideas and create compromises on other issues. The mediator will also remind the parties of the most important issues and allow them to compromise on the others. A 50/50 physical custody split is one example. Successful mediation relies on trading off the lesser issues for the sake of a reasonable settlement.
The length of the mediation depends on the issues that need to be addressed. It can be shorter if the parties agree on issues and are willing to reach an equitable settlement. Aside from that, the parties must be willing to put the best interests of their children first. The length of the mediation process depends on whether the parties are willing to make agreements prior to the meeting and narrow the options they have before the mediation. For this reason, couples should make sure to discuss the issues before going to mediation.
The main advantages of divorce mediation include the fact that the process is neutral and that there is no one side influencing the other. The mediator’s role is to help the parties reach an agreement and avoid a messy court battle. This approach is also less expensive in the long run and more effective than litigation. If the divorce process is not completed satisfactorily through mediation, you may want to pursue the option of court. This method is not suitable for all couples.
The mediator will listen to the concerns of both spouses. He may ask questions to clarify or reflect back on points made by either party. The mediator will also help the parties resolve other issues, such as religious affiliation, pet care, and child custody. He will also be able to assist the parties with identifying ways to reach an agreement that is fair for both. However, this is not the only benefit of mediation. A mediator should be able to help the parties reach an agreement on how to divide the assets and other important things.
As long as both spouses are willing to compromise, divorce mediation works best when both partners understand their priorities and issues. The mediator will then draft a settlement agreement that must be signed by both parties. The settlement agreement will then become part of the official divorce paperwork. The process can take several sessions, which may last from one to five hours, depending on the complexity of the case. If both parties agree on the final settlement, the process is completed in three to four months. However, some cases may take up to six months or even longer.
Divorce mediation is a fair process for both parties, since the mediator does not have a vested interest in the outcome of the proceedings. Moreover, the process allows both parties to keep their dignity and privacy. It is also much less intimidating than the courtroom. Moreover, divorce mediation is confidential and does not involve a court reporter or a public hearing. In short, mediation is an ideal method for divorcing couples to avoid costly, acrimonious, and humiliating legal battles.