Even though everyone looks for a happy and healthy relationship, there are times in our life when we want to stay apart from our spouse. If both partners are looking for a way to settle the relationship with the help of the divorce, you can immediately consider divorce mediation.
You have to do the homework and find a good mediator. Every one of them has its procedure and methods. Here are the facts about the divorce mediation process.
Is It A Good Option
Mediation can be one of the effective tools that help to lower the cost and conflict related to divorce. Though for every couple the process might not be an effective one. Especially if the case involves any emotional abuse or domestic violence, the mediation divorce attorney would not be able to help. Here are some instances when divorce mediation would not be of much help.
- If the case involves in history of bully or abuse
- When you have a high level of emotional conflict within the relationship, it would be difficult for one to carry forward the action of cooperation and communication
- If you are spouse hides assets or money, it would be difficult to take the mediation process.
- Divorce mediation would not work if the spouse has any abuse disorder and is not receiving any treatment.
- Lastly, if any one of the partners files for fault divorce, then the divorce mediation process would not help too much.
Introducing The Process
Before the first mediation process, the mediator would perform an intake of participants. The mediator speaks and discusses the different terms of payment for mediation. Every mediator would handle the stages differently. Especially if you are participating in any private mediation, you will know the background information of the mediator, including the length of the marriage, contact information, children issues, or others. But if you are attending any court-ordered mediation, it would be impossible for you to have this information.
Moreover, the mediator will explain the procedure they are going to follow for the day. At the same time, they present the agenda while addressing questions that you and your spouse might have.
To make the process of divorce successful and to settle down spousal support & alimony, the Attorney needs to have a clear picture of the different facts. It can help both partners to negotiate the issue. The mediator generally enquires about the partner. In this stage, the mediator would address the following issues:
- Spousal support
- Division of marital property
- Child custody
- Child support
Framing The Issues
In the framing stage, the mediator generally helps each spouse outline the interest and needs accordingly. It includes discussing the desired outcomes, identifying the needs and interests, and many more. Some of the mediators conduct this particular stage separately on each spouse. However, other mediators prefer to contact this stage in a joint session where this process can hear each other and take decisions accordingly.
As soon as the mediator helps the spouse to frame their interests and issues, they settle for negotiation. It begins with the exploration of possible ways. With the help of the mediator, both spouses undergo a brainstorming process to evaluate their options. During this stage, the mediator emphasizes the problem-solving aspect of negotiation.
Looking For Settlement
When both spouses reach an agreement, the mediator works to draft the marital settlement agreement. These passes then go to the agreement and are reviewed before signing it designing the settlement agreement does not finalize the divorce. The parties need to file for the settlement agreement before getting the final divorce decree. Some of the mediator files for the settlement agreement. But being a client, you must mention to your mediator whether you require this service or not.
With the help of mediation, one can experience an uncontested divorce that includes no issues in the divorce. Moreover, you can also go for online divorce mediation, where these passes can participate from different locations. You can hire such an online service to match your priorities with that of a mediator who is suitable for your case.
There are various benefits that one can experience if they have a successful mediation process. The mediation process allows anyone to go for an uncontested divorce. During such a divorce, the party does not have any issues regarding child custody or property division. Instead, everything is left for the judge to decide. It is one of the legal and fair processes. As there are no issues involved in this kind of divorce, hence the uncontested divorce is simple. These are also less expensive than that litigated divorces.