When planning for their wedding, purchasing a home, expanding their family or saving for retirement, partners work together and compromise. This process can be very productive, as effective communication and willingness to compromise can help reach a successful resolution.
Even when the relationship turns sour and the couple seeks to end their union, these same skills and tactics can be used to reach a divorce agreement. Although emotions, perspectives and desires may differ when exiting a marriage, it is possible for spouses to work together to reach an amicable resolution with the help of a mediator.
Divorce mediation basics
Mediation is an effective way to proceed with the divorce process; however, it is not for everyone. It is a process that allows the couple to have a fair and efficient divorce, as it is less costly and time-consuming than litigation. Because mediation requires a certain level of cooperation, it may not work for couples that are in a high-conflict divorce or have allegations of domestic violence involved.
Divorce mediation is a collaborative process that relies on the assistance of a neutral third party to move the conversation toward a creative and amicable agreement. This means that the spouses not only have control over the process and its outcome, but they also must work together, to some extent, to make the process successful.
The role of the mediator
A mediator may or may not be legally trained; however, they are professionals trained specifically in the mediation process. Their purpose is to not advocate for either side but to remain neutral while facilitating communication between divorcing spouses.
A mediator can provide creative insight and options when it comes to a resolution. Although they are a neutral party, they can help with major divorce decisions, such as which assets should be divided, how marital property will be divided, what child custody arrangement works best for them, whether it is appropriate to establish child support or alimony and, if support is issued, what amount is reasonable.
The divorce process can be overwhelming, as it is an emotional time with serious decisions to make. Litigation can get complex and lengthy, making it important that you weigh your options and understand if mediation is the right process for you when it comes to reaching a favorable divorce order.