Divorce Mediation and What to Expect

26 February 2019

Couple with a Divorce Mediator The path to divorce is never an easy one. Using mediation to guide your way, however, can be a more amicable one. By definition, divorce mediation attempts to bring about a peaceful resolution for a couple going through a separation. Mediation is a proven process where parties voluntarily use a neutral party (often a mediator) to facilitate the process by resolving disputes.

Why Use Divorce Mediation?

Most often, couples that are divorcing choose mediation because they want to find a more peaceful resolution. This approach means avoiding the nasty emotional and financial costs that the traditional system, with independent lawyers, can bring with it.

Perhaps most of all, couples that just want to arrive at a more peaceful solution quickly chose mediation. These couples don’t want the process to be drawn out any longer than necessary. Getting back to a sense of normal in life is all they are really concerned with.

How Does Mediation Work?

Even though there is a move towards mediation, many couples don’t have a precise understanding of mediation works. Traditionally, lawyers will refer their clients to a neutral party or “mediator”.

The mediator deals with a specific issue to resolve. These days, couples are leaning towards mediation as a way to negotiate a wide range of issues and use lawyers to address very specific legal issues. 

Using mediation allows couples to get the best of both worlds. Now, Couples can address both their parenting and financial issues all at once. This not only saves time but cost and stress as well. Mediation also ensures that each side gets to have their rights brought up.

One of the biggest benefits of mediation is that it is non-binding. Essentially, couples are free to debate and discuss issues. They can bring in experts as they like without those decisions and conversations being binding. Utilizing this process can help to promote more honest and open dialogue.

There is also caucus mediation, where parties negotiate separately. When the mediation has concluded, the mediator then ensures that all of the essential decisions have been captured.

There is a memorandum of understanding that the lawyers draft up. This memorandum isn’t a legal contract, but it does provide the basis of the final contract that the lawyers provide, saving time and money.

Is Divorce Mediation the Right Choice?

As previously mentioned, mediation was once generally used for one-off decisions. Now, it is more of a comprehensive approach since then. Mediation is more often than not considered the best choice for couples going through a divorce. Finding the proper mediator is one of the most important things. For cases that are a bit more complicated and messy, a mediator with a higher skill set should be a priority.

Mediation is seen as the best method for divorcing couples. Getting quicker and more peaceful solutions is part of the process.