Understanding the Mediation Process in a Divorce

After filing an original petition for divorce, there areMediation Benefits
several directions you can take to reach a finalizationMediation during a divorce offers several benefits for
of your divorce. Everyone wishes divorce was asall who are involved. It provides a peaceful method of
easy as 1-2-3, but divorce can be a complicatedresolving disputes that is fair to both spouses.
process...especially if there are children involved or ifMediation helps both spouses reduce time and money,
the couple has accumulated wealth and assets overand even avoid a formal court trial. Although an
their years of marriage.attorney is still needed for the mediation process, the
You might be able to resolve issues on your own andfees will be much less than they would be if going
reach an agreement early on after filing for divorce. Ifthrough a court trial. Another benefit is confidentiality.
an agreement cannot be made quickly, however, youThe mediator must keep all details of your divorce and
will need to proceed with other options. One way topersonal matters strictly confidential, whereas in a
help things move more quickly if you are unable tocourt trial there's a court reporter jotting down every
agree initially is to use mediation. Your divorce attorneyword spoken! A mediator must throw away any notes
can educate you on how the mediation processabout your mediation once it's over.
works and represent you throughout the process. It isDisadvantages
recommended that both parties have independentMediation does have a few disadvantages. One is the
representation during the mediation.agreement is not binding until it is finalized by a court of
Mediation Explainedlaw. This means both spouses must be committed to
Mediation is a method of finding solutions and resolvingkeep the agreement through the finalization process. If
differences during divorce, such as spousal support,one or both parties do not agree during or after
finance disputes and child custody issues. It providesmediation, it is wasted time and effort on everyone's
an alternative to having a court trial. For mediation topart.
take place, the court will appoint a third party mediatorAnother drawback is often times attorneys must be
that is trained in mediation. Both parties along with theirinvolved throughout the mediation process, which
lawyers will meet with the mediator to negotiate aincreases the expense. Also, the appointed mediator
resolution.might be poorly trained or unskilled. This could hinder
Meeting with the mediator gives both husband andthe opportunity for a successful mediation in which an
wife an opportunity to discuss issues that areagreement is made that suits both parties.
important to them with someone that is objective toAs you consider mediation, search online for more
the situation. The mediator helps them come to anfacts about this process. Also, find a reputable divorce
agreement by relaying information from one party tolawyer in your local area to counsel you on the best
the other. Although the mediator can offer suggestions,route to take for your divorce. Every divorce situation
he cannot force his opinion upon the parties.is unique, so it's important to find a lawyer you can
During the mediation process, the mediator will usuallydepend on every step of the way. Use specific online
take open statements from both parties, and then maysearches with keywords such as "divorce lawyer Fort
ask for a caucus, or private meetings for discussionLauderdale" or "mediation information Florida."
with each party separately. The mediator then usesMany divorce attorneys are experienced in every
the information given to find a point of agreement. Heaspect of marriage and divorce, from prenuptial
will also go between the parties to clarify issues andagreements to child custody and paternity
make proposals. The ultimate goal is to find a commonestablishment. Find one that will work for you before,
ground at which both parties will be satisfied with theduring and after the mediation.
outcome. A final agreement is offered at some point.