People often associate divorce with intense court battles that bring out the worst in both parties, but that’s not necessarily what will happen. Many divorces now use mediation to come up with the terms of the split, so the legal end of the marriage can occur without a lot of contention.
Divorce mediation is a structured process that utilizes a third-party mediator to help the divorcing parties come up with an agreement for the necessary aspects of the divorce. It’s used for property division, parenting plans and support.
What is the process like?
The mediator in the mediation doesn’t make decisions about the case. Instead, they guide both parties toward a resolution of the matters that must be decided. If both parties can get along, they can speak directly to each other. If they can’t get along, the mediator can act as a go-between to facilitate the discussion’s progress.
This process is flexible, which allows both parties to have a say in the outcome of the divorce mediation. This is the opposite of going to court because the judge makes the decisions in court. Working through the divorce using mediation is often beneficial because it gives both individuals a chance to end the relationship in a more agreeable manner. This is particularly helpful in child custody cases since it can set the stage for the parenting relationship.
Going into mediation prepared means considering what has to be decided before going into the first session. This process requires compromise, so it’s unlikely that either party will receive everything they want. One important thing to remember is that each part of the divorce is distinctly separated, so parenting plan decisions can’t be dependent on property division or vice versa.
Knowing all the options and understanding how they will affect the future are critical. Because divorces can be complex, it’s often best to have someone who can help to go through possible scenarios. This may make it easier to make the best decisions based on all the effects each one has.