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How Divorce Mediation Works

by Staff Writer

Divorce mediation is a more effective alternative to divorce litigation. In divorce mediation a mediator helps both sides communicate and reach an agreement in a more relaxed environment. The mediator has no decision making power during the process and only serves as a neutral third party, facilitating communication and offering suggestions and advice on how to reach an acceptable compromise. Choosing to hire a mediator can bring many benefits during your divorce.

If you or someone you know is going through a divorce and need mediation, contact a divorce mediator in your local area today.

Reasons to Invest in a Divorce Mediation Lawyer

Many people don’t even know that mediation is an option. Others are skeptical of its benefits. These are just some of the many reasons to choose mediation:

  • Mediation does not occur in court. So there is no deal to wait for hearings in court and all the delays and constant rescheduling associated with that process. As a result, the overall time needed for resolution with a mediator is significantly shorter.
  • Mediators are also cheaper than divorce lawyers, which means significant savings for you.
  • Mediation is typically more relaxed and civil than litigation is.

What Does a Divorce Mediator Do?

A mediator will usually have you discuss an issue with your spouse, and then the mediator makes suggestions based on his observations. The mediator will facilitates communication and works directly with the parties to keep the process moving, acting as a "go between" if necessary.

  • Helps reach decisions: The mediator's is there to help you communicate with each other and come to an agreement.
  • Stays completely neutral: The mediator always remains neutral. The mediator will not favor one side's requests over those of the other spouse.
  • Writes a final agreement: The mediator will help you draft a formal written agreement of what you and your spouse have agreed to during the course of the mediation.
  • Leaves power to you: The mediator will not force you to accept anything. That is solely for you and your spouse to decide and the mediator's sole responsibility is to help you two communicate.

Do I Need a Lawyer for Mediation?

A lawyer is not necessary, but it is strongly recommended you have one anyway. It will not be as expensive as you will not be needed the lawyer most of the time. Your attorney can guarantee your legal rights are protected. Once an agreement has been made, your attorney should go through to make sure it's fair and closes all the issues.

Is Mediation the Same as Arbitration?

No, the two are similar but not the same. Both are a more effective and more civil alternative to court and work much the same way with a neutral third party. The main difference is that an arbitrator has the legal power to make legal decisions for you. With a mediator that is left to you.

The Basic Procedure for Dissolving a Marriage

Mediation is a relatively simple and straightforward process. There are no exact steps as each mediation is done according to the specific needs of the clients. Mediation typically goes through several stages:

  • Primary Introduction
  • Discovery (the exchange of information)
  • Individual talks with the mediator
  • Joint Negotiation
  • Final Resolution
  • Lawyer Approval
  • Court Submission

Get Legal Help

Divorce mediation is typically the best option when terminating a marriage. The simplicity, civility, and savings alone make this worth considering. However, before you begin any legal process it is always best to consult an attorney. Your attorney will be able to give you relevant and important advice as to the best course forward with your divorce-related legal issue.

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