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Divorce Mediation

 

Divorce mediation is an alternative to spouses fighting their case out in court.  The couple will meet with a mediator who will help both spouses negotiate a settlement agreement for their divorce.  The mediator is a third-party, who is normally an attorney or health professional.  Mediation generally takes less time and is less expensive then a traditional divorce.  The cost of the mediation is generally split between both spouses.  Divorce mediation is best for couples who agree on how to resolve most issues but still have some disputes that need to be worked out.

 

The divorce mediation generally begins by the mediator and both spouses sitting down together and discussing their present situation.  Then the mediator will gather information from the spouses to determine what property and children are involved, among other things.  In addition, the mediator will need to determine from the parties the issues needed to be resolved between the spouses.  Once the mediator has all the preliminary information needed, the mediator will sit down with both spouses and help them negotiate a settlement agreement.  The mediator does not make decisions for you, nor do they represent either spouse.  The mediators main objective is to help you problem solve your issues, ending in an arrangement that suits both parties.

 

It is suggested that once your mediator presents you with the agreement, that you take it to your attorney for review.  This agreement will be legally binding once signed by both parties.  Some states require this agreement to be processed by the courts to be considered legally binding.  This is another reason to speak with an attorney.  If mediation fails to resolve the couple’s issues, they may choose divorce arbitration or they may appeal to the courts to resolve the matter for them.

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Dispute Resolution Topics: (click on each for description)

 

Collaborative Law and Divorce

Divorce Arbitration

 

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