Divorce mediation is a process where two spouses come together to resolve their issues without the need for litigation. The mediation process can be adapted to fit the particular needs of the couple. It works best in cases where there is an equality of power and knowledge, and where both spouses are able to advocate for their interests. This can be accomplished by filling out forms on the court’s website or by hiring a mediator.
First, it is important to make a full list of both parties’ assets and liabilities. This list should include all marital assets and liabilities, bank accounts, time-shares, and vehicles. This information will be used to set an agenda for the mediation process. Once the assets are compiled, the mediator will determine what matters to discuss during the mediation process.
Divorce mediation is often less expensive than traditional divorce litigation, and can be done for a minimum of $300. However, the cost of mediation may vary depending on the case. Some mediation sessions may cost as little as $100, while others may cost as much as $250. It is a proven solution to marital issues and the parties tend to honor the agreements made during the process. If you are unsure about whether or not to pursue divorce mediation, talk to an attorney and decide if it is the right option for your situation.
One of the advantages of divorce mediation is that it is not necessary for both spouses to be represented by a lawyer. In fact, many mediators discourage lawyers from being present during mediation. They are concerned that lawyers will cause tension between the parties. However, if you or your spouse are already represented by a lawyer, it is advisable to consult with them before and after the mediation.
The process of divorce mediation is confidential. Both parties must report any threats of violence and must provide information to their lawyers. The mediator will explain the process to the participants and guide them through it. Initially, discussions will focus on identifying areas of difference. Once these differences are identified, the mediator will encourage productive conversations and resolution.
Children are often the hardest aspect of a divorce. A mediator will assist the parents in deciding which parent will be the primary caregiver and provide support. The mediator will also help them settle disagreements regarding custody and visitation. In these cases, they may come to an agreement in just one session. However, if the divorce is complicated, the mediator may take several sessions to resolve the issues.
During the divorce process, both parties may feel overwhelmed and confused. This process requires a mediator who can read both spouses’ emotions and push for a settlement. A mediator must be experienced in family law and financial matters to facilitate a successful outcome. He or she must have a background in the field of family therapy.
A mediator will ask the spouses to bring financial documents and other materials to the mediation session. The mediator will then work with the couple to draft a separation agreement. A successful mediation usually takes two to three sessions, and is usually much less expensive than going to court. In addition to this, divorce mediation is also less stressful than litigating a divorce.
Divorce mediation services may use either an attorney or a nonattorney mediator. Depending on the state, mediation services may include preparing a formal settlement agreement and processing divorce forms. In some states, the court may require divorcing couples to mediate all family issues, including custody, spousal support, property division, and child support.