Divorce mediation is a constructive process between two spouses who wish to end their marital relationship. Working through problems together (including the division of marital property and personal assets, deciding on child and spousal support and visitation schedules for minor children) with the help of an experienced divorce mediator, couples can come to mutually agreeable solutions. While the terms of the final settlement may seem too complex for many people to understand, divorce mediation is a process that is designed to keep everything that has been resolved in a relatively simple manner. A good divorce mediator is one who will be able to work with all parties involved in the process so that the two sides can meet halfway.
The process of divorce mediation begins by identifying what problems are at the root of the disagreement. Divorce mediators do not attempt to “rescue” the couple from each other. Rather, they are experts in the field who will work to provide solutions that address the issues. Once the underlying issues have been identified, the two parties may choose to work together to resolve the issues or may opt to work separately.
The next step in the process is the initial meeting between the two parties. In this meeting, both parties must come together to talk about the issues and any feelings that they may have toward one another. If there are children involved, the meeting also serves to educate the parents about their legal rights. At this meeting, both parties must express their feelings in a non-adversarial manner and work out what issues they can work together to resolve. It’s important that both parties arrive at this meeting feeling comfortable, confident and supportive of each other.
The parties may hold a series of follow up meetings if they feel that things have improved. Sometimes couples come to a conclusion that they are no longer able to work together to reach an agreement and this can often be indicated by the amount of friction or disagreements that occur during the subsequent meetings.
During the first meeting, a divorce mediator will make sure that both parties feel comfortable before starting the session. He or she will ask questions about any expectations that the clients have regarding the mediation process. This will help the mediator better understand the issues involved and may help him or her better communicate with the other party. during the mediation process. The mediator may even be able to identify the areas that may be more difficult to work through and may be able to bring about some changes from the client’s perspective.
In the initial meeting, both parties may be asked to come up with a “vision” of the future. This vision may include children, property, lifestyle, or any other aspect of their lives. The goal of this meeting is for the mediator to help each party come to some sort of resolution that satisfies them and makes them happy. This meeting should also provide the mediator with a list of areas that need to be addressed.
After the divorce mediation session, both parties will go home with a list of issues that they need to resolve with the mediation process. They will then discuss these issues and decide what they will work on together. The mediator will then communicate this list to both parties. If necessary, the mediator may seek the help of outside counsel to assist in the preparation of the new marital contract.
If both parties are satisfied with the proposed changes, the finalizing and signing of the agreement is the next step. This agreement will be referred to as a final agreement. This is the only way that the divorce mediation process will go.