Mediation is one of the most frequently used methods in divorce settlement negotiations. Divorce mediation is when you and your spouse hire a neutral third party (or mediation attorney) to meet with you to discuss and resolve any issues with the divorce.
It isn’t the job of the mediator to make any decisions on your behalf, but to serve as a facilitator to help figure out what’s best.
Benefits of Mediation
There are many benefits for a couple choosing mediation over traditional divorce proceedings. Divorce mediation is a much more informal process than if you decide to go before a court. For one, it is a much more private process. The only people in the room are you, your partner, and the mediator. There is no pressure to hurry the mediation process along; it can take as long as you and your partner need.
Other benefits of mediation include:
- Cost: mediation is much less expensive than either a court trial or a series of divorce hearings;
- Clarity: the majority of mediations can successfully settle all major issues;
- Confidentiality: there is no public record of what occurs in the sessions and they are privately held;
- Customized to your needs: mediation allows you and your partner to arrive at the fairest resolution for each of you, rather than having a solution made for you based on the legal standard;
- Counsel: if needed, you or your partner can seek legal advice during mediation;
- Control: you and your partner control the process and outcome; and
- Communication: you and your partner have a clear line of communication throughout the entire mediation process. In some cases, it may even improve communication.
While every mediator has their own approach to the process, most mediations move along the same basic lines.
They usually begin with a phone call where you give the mediator the following information:
- background information about marriage;
- your family dynamic; and
- the issues concerning the marriage.
The amount of information needed will vary depending on the mediator. Some want a lot of background information while others only need the minimum.
At the first meeting, the mediator will explain the process and what you can expect. For example, the mediator could tell you where the sessions will be held, have you sign a mediation agreement, and/or build a rapport with you and your partner so you feel comfortable enough to discuss your divorce issues in their presence.
If a settlement cannot be reached during mediation, you and your partner will be required to seek a resolution in a court of law. If the mediator was your attorney, you must hire a completely different attorney to represent you in court.
Looking for a Divorce Mediator? Contact Goldweber Epstein LLP.
Mediation is the most cost-effective approach to the divorce process. Our mediation attorneys will work with you and your partner to come to an agreement that works best for the pair of you.
Call our firm at (917) 809-7669 or contact us online for a legal consultation.