Divorce can be a devastating and emotional process. However, if the couple is amicable and willing to work together, mediation might be the best way to settle the terms of their divorce. Couples that choose mediation over litigation can save themselves time and money by avoiding a trial and court time. It also affords more privacy as the proceedings aren’t a matter of public record.
In addition, mediation allows clients to be more actively involved in settling the details of the case and gives them more control over the outcome and process in general.
Role of a mediator
A mediator is a neutral party who will work collaboratively with both sides to reach a mutual agreement. The mediator facilitates discussion and works toward an agreement, but doesn’t make a judgment on a case. He or she helps a couple to reach a Formal Marital Settlement Agreement, which if agreed to by the court can be adopted as their marriage judgment.
Mediation is often done in an all-day session. The parties sit separately and the mediator moves back and forth between the two, bringing ideas and decisions, with the goal of meeting the needs of both clients. The parties are encouraged to have their own legal representation to ensure a fair and reasonable outcome.
Be prepared for your mediation session
It’s important to be prepared for mediation by doing the following:
- Gather and organize your financial information.
- Come ready with a checklist and know what you want out of the process.
- Keep your emotions in check throughout the mediation.
- Be willing to compromise.
- Be involved with the process.
Settling your divorce through mediation could be the appropriate way to settle the terms, but it’s not right for everybody. If a relationship has a lot of conflict and animosity, a trial and litigation may be inevitable.
Mediation is often a successful way for families to reach an agreement about their divorce. With low conflict, it’s a less stressful way to ensure a positive outcome.