Mediation is a type of alternative dispute resolution (ADR) that involves two or more parties coming together with a neutral third party to work toward a resolution. In divorce mediation, spouses or partners meet with a neutral third party (often called a “mediator”) who helps them explore options for resolving divorce-related issues such as custody, child support, property division and alimony. During the mediation process, both parties and the mediator will explore various options, including settling the case, drafting a settlement agreement, or entering into a court order. The mediation session is usually private and confidential, which means that it is not recorded or broadcast publicly. The parties and the mediator will have the opportunity to discuss issues in a confidential setting so that they can feel comfortable being honest with each other. If the mediation session is successful, the parties may decide to sign a written agreement and have it notarized. At the end of the mediation session, the parties will receive a written summary of the discussion, including key points, as well as next steps if they decide to move forward with the divorce process. The parties should be careful to read and understand the written summary and acknowledge that they have read and understood the summary before signing anything.
Mediation can help couples resolve divorce-related issues such as child custody, child support, property division and alimony without going through a drawn-out divorce process. This is because mediation is a faster, less stressful alternative to going to court. In divorce mediation, both parties are given the opportunity to have their say and talk through the issues in a confidential and non-adversarial setting. This can help reduce feelings of hostility, increase understanding of each other’s positions, and increase the chance of agreeing upon a resolution. If the parties agree to a resolution at the end of the mediation session, they can sign a document stating that the issues have been resolved and sign the agreement as a record of that agreement. The parties can then move forward with their divorce proceedings, rather than having to wait for the other party to respond to a divorce complaint in court.
During the divorce mediation process, both parties meet with a neutral third party (often called a “mediator”) who helps them explore options for resolving divorce-related issues such as custody, child support, property division and alimony. There is no “right” way to go through the mediation process; each couple will have their own unique approach to mediation. Some common strategies include:- Using a structured approach - In this approach, the parties use a set format to talk through the issues. Although the parties should feel free to use their own words, they are encouraged to stick to the outline as much as possible. The mediator may have suggestions on how to structure the discussion. Depending on the issues at hand, the parties may choose to use open-ended questions, visual aids, or other tools to make the discussion more effective.- Using a collaborative approach - In this approach, the parties and the mediator work together to explore the issues. There is no strict timeline for the discussion; instead, the parties will move from one topic to another as they feel comfortable doing so.- Using a modified collaborative approach - In this approach, the parties use a collaborative approach to explore the issues. However, the parties may choose to use a more structured approach at certain points in the discussion. For example, if the parties have a parenting plan in mind, they may want to use a more structured approach to discuss the plan in detail. Likewise, if the parties have a specific dollar amount in mind for child support, they may want to use a more structured approach.
While divorce mediation can help couples resolve divorce-related issues such as child custody, child support, property division and alimony more quickly, it is not a guarantee of success. There are many things that can go wrong during a divorce mediation session. Here are a few things to watch out for:- Confidentiality breach - Both parties must feel confident that the mediation session will remain confidential. If a party feels that there is a risk of their private information being shared with the opposing party, the mediation session may not be successful. Likewise, if a party feels that the other party is behaving unethically or failing to uphold their end of the confidentiality agreement, the mediation session may not be successful.- Lack of trust - If one or both parties do not feel that they can trust the other party, the mediation session may not be successful. The parties must feel comfortable being honest with each other at all times during the mediation session.
During the divorce mediation process, the parties may choose to settle the financial issues such as child support and property division. Financial settlements are often decided upon based on the length of the marriage, the financial situation of the parties, and any past or future earning potential of the parties. Financial settlements are generally not a result of negotiations between the parties; instead, they are determined based on the state of the economy at the time of divorce. For example, if the economy is doing well, the court may award higher child support payments than it would during a recession. Likewise, if one party has a high earning potential, the court may award more alimony than it would if the other party had a similar earning potential. This is because the court wants to ensure that both parties are able to have a comfortable standard of living after divorce.
During the divorce mediation process, the parties may choose to settle the issues related to child custody and/or parenting time. Issues related to child custody and parenting time include where the child spends time during the week, who has physical custody of the child, and who has primary decision-making responsibility. The custody and parenting plan determined by the mediation session will be written into a court order, so the parties should be prepared to discuss their proposed custody and parenting plan in great detail. Likewise, both parties must feel comfortable discussing their proposed custody and parenting plan in the mediation session. In some cases, the parties may agree to a joint custody plan or a parenting plan that gives one parent more time with the children than the other parent has under a joint custody arrangement. This can help reduce the chance of a future child custody dispute.
During the divorce mediation process, the parties may choose to settle the issues related to the division of property. Property settlements are generally based on the value of the assets at the time of divorce and any potential future increases in value. Issues related to the property settlement include the value of any real estate the parties own, any bank accounts, retirement accounts, and other assets that are owned by either party. The property settlement will be written into a court order, so the parties should be prepared to discuss their proposed property settlement in great detail. The parties must also feel comfortable discussing their proposed property settlement in the mediation session. In some cases, the parties may agree to a property settlement that is written into a court order. In other cases, the parties may decide to draft a