If you and your spouse are getting divorced, many topics need to be addressed. Cutting ties can be difficult, especially when the couple is intertwined both socially and legally. Litigation is one option to settle the issues of a divorce, but mediation has become increasingly popular in recent years. If you are considering mediation for your divorce you should understand the process and what you can expect during meetings. Reach out to a Sparta family law mediation attorney with any questions or concerns.
What is Mediation?
Mediation is one of many alternative dispute resolution (ADR) techniques that can be implemented to resolve conflicts between parties. In a traditional divorce, the couple goes to court to argue their side and a judge issues the final ruling over various issues including property division, alimony, child custody, child support, and more. While this is still a viable option, it is restrictive and forces the couple to comply with what the court believes is right.
In mediation sessions, the couple maintains complete control over the outcome of their divorce. They will meet with a neutral unbiased third party who acts as the mediator. While the mediator can help discussions stay on track and ensure both parties are heard, the true decision-making power is left to the couple alone. These sessions can be used to settle many topics relevant to the divorce while ensuring that the spouses have the opportunity to collaborate and come up with unique, flexible solutions.
What Can I Expect During Divorce Mediation?
Understanding the mediation process can help ensure you are adequately prepared for your first session. It is important to know that you can have legal representation during mediation although it is not required. If your spouse is bringing a lawyer it is generally recommended that you do as well.
At your first meeting, the mediator will likely do most of the talking. They will explain the process to you and your spouse and get to know the situation. You and your spouse will both have the opportunity to state your side including what you hope to get out of the divorce and any concerns you have about various issues.
After explaining each side and exchanging financial and other information, the negotiation process can begin. You and your spouse will negotiate each relevant topic like assets, debts, child custody, child support, alimony, health insurance, education, etc. The goal of these sessions is to come to a mutually beneficial agreement on all of the above.
The mediator will help guide you through these negotiations, ensuring each voice is heard and steering you in a productive direction. When all issues have been resolved, the mediator will create an agreement for both parties to review and sign before submitting it to the court.
If you have any questions regarding divorce mediation reach out to an experienced attorney today for more information.
