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Mediation 101

During the divorce process, communication between husband and wife often breaks down. Before going down the often emotional and expensive road to divorce court many couples choose to try or are required to try divorce mediation.

What is Divorce Mediation?

Divorce mediation is a process that separating or divorcing couples undergo to arrive at an agreement that is fair and acceptable to both parties. A trained professional conducts the mediation, helping both parties make important decisions regarding their divorce.

Will Both Spouses Be There?

Yes, both spouses are present at divorce mediation sessions. Unless there is an injunction in place, both husband and wife will be in the same room, at least for the beginning of the session. Often parties will split into different rooms and the mediator will go back and forth between the rooms trying to broker a deal.

What Should I Expect From Divorce Mediation?

The outcome of divorce mediation is never the same. Divorce mediation should, at the very least, be able to resolve specific issues on a temporary basis or until a final court hearing. Examples of such issues are timesharing, child support, alimony and possession of the home.

While some couples resolve temporary issues, other couples are able to resolve the entire case. A good mediator can nail down big issues. The attorneys can then draft a more articulate final agreement that incorporates the mediated agreement, and proceed to get the couple divorced.

Why Should I Consider Divorce Mediation?

Divorce mediation places divorcing couples in an environment that allows them to plan their divorce and make sound decisions about their future. The decision-making process is especially beneficial for parents, as they will need to make joint decisions about their children.

Mediation saves both time and money. A successful mediation shortens the process by sidestepping the formal procedure of divorce court. It avoids a long litigation, as well as saves money in attorney fees.

Also, settlements that are mediated have a consistently high compliance rate due to the fact that both husband and wife had a part in created the agreement.

Finally, the chances of you avoiding some kind of divorce mediation are very slim as most courts these days will require a couple to try to do at least one mediation session.

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