Divorce: Understanding the Mediation Process

Divorce is heartbreaking, but the legal issues surrounding it can make the process even more difficult. After filing an original petition for divorce, there are several directions you can take to reach a finalization of your divorce. Everyone wishes divorce was as easy as 1-2-3, but divorce can be a complicated process...especially if there are children involved or if the couple has accumulated wealth and assets over their years of marriage.

You might be able to resolve issues on your own and reach an agreement early on after filing for divorce. If an agreement cannot be made quickly, however, you will need to proceed with other options. One way to help things move more quickly if you are unable to agree initially is to use mediation. Your divorce attorney can educate you on how the mediation process works and represent you throughout the process. It is recommended that both parties have independent representation during the mediation.

Mediation Explained

Mediation is a method of finding solutions and resolving differences during divorce, such as spousal support, finance disputes and child custody issues. It provides an alternative to having a court trial. For mediation to take place, the court will appoint a third party mediator that is trained in mediation. Both parties along with their lawyers will meet with the mediator to negotiate a resolution.

Meeting with the mediator gives both husband and wife an opportunity to discuss issues that are important to them with someone that is objective to the situation. The mediator helps them come to an agreement by relaying information from one party to the other. Although the mediator can offer suggestions, he cannot force his opinion upon the parties.

During the mediation process, the mediator will usually take open statements from both parties, and then may ask for a caucus, or private meetings for discussion with each party separately. The mediator then uses the information given to find a point of agreement. He will also go between the parties to clarify issues and make proposals. The ultimate goal is to find a common ground at which both parties will be satisfied with the outcome. A final agreement is offered at some point.

Mediation Benefits

Mediation during a divorce offers several benefits for all who are involved. It provides a peaceful method of resolving disputes that is fair to both spouses. Mediation helps both spouses reduce time and money, and even avoid a formal court trial. Although an attorney is still needed for the mediation process, the fees will be much less than they would be if going through a court trial. Another benefit is confidentiality. The mediator must keep all details of your divorce and personal matters strictly confidential, whereas in a court trial there's a court reporter jotting down every word spoken! A mediator must throw away any notes about your mediation once it's over.

Disadvantages

Mediation does have a few disadvantages. One is the agreement is not binding until it is finalized by a court of law. This means both spouses must be committed to keep the agreement through the finalization process. If one or both parties do not agree during or after mediation, it is wasted time and effort on everyone's part.

Another drawback is often times attorneys must be involved throughout the mediation process, which increases the expense. Also, the appointed mediator might be poorly trained or unskilled. This could hinder the opportunity for a successful mediation in which an agreement is made that suits both parties.

As you consider mediation, search online for more facts about this process. Also, find a reputable divorce lawyer in your local area to counsel you on the best route to take for your divorce. Every divorce situation is unique, so it's important to find a lawyer you can depend on every step of the way. Use specific online searches with keywords such as "divorce lawyer Fort Lauderdale" or "mediation information Florida."

Many divorce attorneys are experienced in every aspect of marriage and divorce, from prenuptial agreements to child custody and paternity establishment. Find one that will work for you before, during and after the mediation.

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About the Author

Chris Robertson is a published author of Majon International. All Rights Reserved. Copyright 2010 (Thu Jan 21 2010) Majon International. Majon International is one of the worlds MOST popular internet marketing and internet advertising companies on the web. Visit their main business resource web site at: http://majon.com