Can This Divorce Be Mediated?

Most people have heard of mediation as a way to resolve issues and divorce mediation is becoming more and more common. Mediation places the burden of dealing with disagreements back on the couple and keeps things out of the court system. If you and your spouse disagree on certain key issues and want to save time, money, and peace of mind, then divorce mediation might be the right move to make. To find out more, read on.

Your Divorce Attorney and Mediation

In some places, divorce mediation is required before a divorce case can be brought before a judge. Talk to your divorce lawyer once you realize you are headed for divorce court and learn about the alternative. Most divorce lawyers know and can recommend good mediators. If the mediation is court-ordered, you and your spouse will be provided with a list of approved mediators. These professionals are not usually lawyers, however. When you work with a mediator, the agreements you forge should be overseen by your lawyer and then translated into the final divorce decree.

Let Your Lawyer Look Over the Contract

When you hire a mediator, you will often sign a contract for services. This contract spells out details like what the mediator will do for you, the hours, and the cost for the mediation. Usually, mediation is an extra but important divorce expense. You might want to involve your spouse in paying half of the cost or your lawyer can ask the court to order that done, depending on your personal financial situation. When faced with what appears to be an additional divorce cost, keep in mind that taking things to court can be a lot more expensive, more stressful, and can take longer to be resolved.

What Happens During Mediation?

When you deal with a divorce lawyer, asking questions and seeking advice is a commonplace occurrence. When dealing with a divorce mediator, though, don't expect anything like that. Divorce mediators may have a lot of legal knowledge but they are not your divorce lawyer, they don't give advice, and there is no lawyer-client confidentiality present. Instead, the mediator will guide the process by presenting the parties with one issue at a time, often starting with the easiest to resolve. Options are discussed in a low-key manner and the parties are encouraged to view things with empathy to the other and to compromise.

If you are at a cross road in your divorce and seem stuck, speak to your divorce lawyer about using a mediator to move things along.