If couples are going through a divorce and are having difficulty resolving outstanding issues, they may want to consider mediation. Mediation is a process where the parties can discuss their concerns and make decisions about their dispute with a mediator’s help.
The mediator does not make decisions for the divorcing couple or decide who is right or wrong in the dispute. The mediator is impartial. He or she does, however, does facilitate communication between the parties.
Preparation
Before the parties attend a mediation, they may want to gather documents about the issue to bring to the meeting. They can also bring a list of events and dates when they occurred. It may be helpful to prioritize which issues are the most important to resolve.
They should be prepared to talk with the other party, even if they have had difficulty speaking to each other in the past. It can be helpful to set realistic goals and maintain a willingness to be flexible.
Benefits
Mediation has many benefits. Unlike proceedings in court, mediations are private and, in most cases, also confidential.
Mediation can also save time and expenses that might be incurred in a court process. It allows the parties to have more control over the outcome of the disagreement.
If the parties can agree on some or all issues, the parties and their attorneys must sign the agreement. The written agreement becomes legally binding. If they cannot agree or if one or both parties are unwilling to continue discussing resolution, the parties will have to go to court to decide their case.
An experienced attorney can help parties who are interested in mediation and can answer questions about other family law matters.