Mediation is one of the most common methods for dissolving a marriage because it’s cost effective, expeditious and compassionate. Both spouses retain direct control over the format, agenda and outcome of the mediation process. The mediator serves as an impartial facilitator, so the couple can forge an acceptable and often mutually beneficial agreement.
Selecting a mediator
Divorce mediators are typically attorneys, former judges, or trained mediators. Once mediation has been selected as the best way to conclude the marriage, you and your spouse should interview mediator candidates. You need to determine if the candidate has right approach, process, and skill set. In addition, you want to select a mediator that has experience guiding and settling similar cases.
Mediation with lawyers
Each spouse can hire an attorney to represent them in a divorce mediation, and spouses and attorneys will work through the agenda along with the mediator. But this is often unnecessary because many spouses don’t need a lawyer to argue their point of view. Instead, most couples need a mediator to moderate and guide the discussion. In addition, two lawyers and a mediator can be prohibitively expensive.
In many cases, couples do not have to battle one another for equitable division of property, assets, belongings and financial holdings in mediation. Therefore, arguments, cross examinations and counter arguments are unnecessary. Mediators maintain confidentiality and neutrality, and as skilled negotiators, they objectively and unemotionally guide a couple through the most difficult aspects of a divorce mediation.
The divorce settlement is the next step in the process. The agreement will be submitted to the court, where the judge will make it final.
According to US Divorce Statistics.com, about 90 percent of mediated divorces have been successfully brought to conclusion. If you are faced with the unfortunate prospect of ending your marriage, divorce mediation is one avenue that you should consider. An effective mediator offers empathy, encourages collaborative negotiation and fosters an environment for an agreement that works for both spouses.