| If you're facing divorce and wondering if mediation | | | | ultimately bringing both parties to an amicable |
| would be something of benefit in your situation, you | | | | settlement agreement to file in court. |
| should know that one of the very best aspects of | | | | When Mediation Isn't the Answer |
| mediation is that it's completely voluntary and is not | | | | Although divorce mediation has given countless |
| legally binding if one or both spouses are unhappy with | | | | couples the opportunity to quickly and inexpensively |
| the outcome. Some couples, particularly when one is | | | | end their marriage with both parties being accepting of |
| fearful that mediation will favor the other spouse, opt | | | | the outcome of the terms of the divorce, there are still |
| for dual mediation, with one male and one female | | | | some situations when mediation is not the best choice. |
| mediator handling their case. | | | | If there is any type of abuse taking place in the |
| The mediation process takes place in a setting that's | | | | marriage, or if the partners are completely unable to |
| far less adversarial than the typical courtroom and also | | | | speak to one another due to issues such as deep |
| allows the couple to set their own pace, progressing | | | | rooted feelings of resentment and anger, mediation |
| through the issues without being restricted to the legal | | | | isn't the answer as a mediator is not meant to be a |
| protocols that attorneys must follow. | | | | family counselor, but rather a bridge between divorcing |
| Divorce Mediator Duties and Training Requirements | | | | spouses giving them a non-threatening platform in |
| Divorce mediations are usually attorneys who | | | | which to meet half way. |
| specialize in matters of family law, or are also often | | | | If your exact financial situation is not known, including |
| family counselors and therapists who mediate as well. | | | | both incomes, every asset such as retirement and |
| Certified public accountants and financial planners or | | | | pension plans, savings and checking accounts, IRAs, |
| advisors may also be trained in divorce mediation. | | | | stocks, bonds, CDs, as well as the value of property |
| While the exact requirements vary by state and even | | | | and vehicles, then you should be aware that a |
| by different court systems, in general, a mediator must | | | | mediator lacks the authority needed to reveal and |
| have completed a certain amount of hours of training, | | | | uncover the value of all assets. Attorneys also lack |
| which your local bar association will have detailed | | | | that authority, but, they have the ability to file an order |
| information about as well as referrals to qualified | | | | in court, asking the judge to rule that one or both |
| mediators. | | | | spouses reveal their financial worth and issuing ensuing |
| Some of the important tasks a mediator is trained to | | | | penalties for any refusal to cooperate or for any |
| handle include having an unbiased opinion while hearing | | | | misinformation given. |
| both sides of the issues at hand, being able to | | | | Knowing the instances when mediation may not be |
| understand the personalities involved and how to | | | | the best case scenario gives couples the knowledge |
| detect and diffuse power struggles. Mediators also | | | | needed to rectify their situation before heading to court |
| facilitate discussions and focus on resolving issues for | | | | and litigating the terms of their divorce at a far greater |
| the future instead of what has occurred in the past, | | | | expense, in terms of both money and time. |