Divorce
Mediation
The Choice
Divorce mediation begins with a
commitment by the couple to reach their own divorce solutions out of court with the
assistance of a neutral trained professional. The couple is guided in identifying the
issues that need to be resolved, gathering information to make educated decisions, and
coached to maintain effective communication throughout the process. For mediation to be an
option, the couple must be willing to communicate civilly with one another, must be
willing to participate in coming up with creative solutions to problems, and must have a
good understanding of the financial affairs of the family or some level of trust that the
other spouse will make an open disclosure of such holdings.
The Divorce Mediator
The mediator's role is to aid the couple
in identifying the issues that must be resolved in the divorce, provide input and
resources so that both spouses are in a position to make educated decisions related to the
divorce, facilitate brain-storming to come up with creative solutions and multiple options
in resolving issues, and to foster communication between the couple to maintain a level of
effective communication. The mediator will also prepare the necessary paperwork to
commence the divorce, to comply with disclosure filing requirements during the divorce,
and to draft settlement agreements when settlement is reached for filing to resolve the
case.
Role of Mediator vs.
Attorney
The divorce mediator's role is different
from that of a family law attorney. He is not providing legal advice to either spouse, and
does not represent either spouse. He is a neutral person working to facilitate an
agreement between the couple and is not a decision maker to be persuaded to side with one
spouse or the other. Since he is not advocating for either side, it is important that each
spouse be committed to educating themselves so that they are in a position where they can
make well educated and healthy decisions.
The Benefits Of
Divorce Mediation
The benefits of mediation are centered
around the fact that the couple has taken it upon themselves to solve their own dispute.
This places the couple in a better position to communicate more effectively after the
divorce when new disputes may arise. Mediation avoids court battles which add to the
stress of the divorce and often further deteriorate the trust, and respect between
spouses. Mediation is confidential and personal issues are not aired in court rooms and
publicly accessible court files. When parents are able to work with each other this lesson
is modeled for the children, and the children are not exposed to all the negatives that
come with a contested traditional divorce. It is less likely that the couple will have to
return to Court in the future because they have each participated in reaching the outcome
and it was not forced upon them by the Court. Divorce mediation is cost-effective as the
couple is paying for one professional to aid them in resolving the dispute. |
