There are a variety of ways for couples to resolve issues as they prepare to divorce. Some couples have prenuptial or postnuptial agreements that lay the groundwork for a simple, uncontested divorce. Others have such high levels of conflict that they eventually decide that divorce litigation may be the only path forward.
There are also many people who disagree about minor divorce issues but don’t necessarily want to litigate in family court. They may want to employ an alternative approach to divorce. Mediation can be an excellent tool for those hoping to reduce the conflict levels in an upcoming divorce.
Mediation allows spouses to set their own divorce terms and to handle marital disputes in a private setting. Those considering mediation may feel uneasy because they are unfamiliar with the process. What typically transpires during divorce mediation?
Mediation is about effective communication and compromise
Most mediation sessions involved the spouses meeting with a neutral third-party professional familiar with state statutes. The mediator gives each party an opportunity to explain their perspective and desires at the beginning of the process. Spouses can propose specific property division and custody terms. They can mention specific concerns that they feel should influence the outcome of those major decisions.
After introductory discussions, the mediator can then facilitate a series of conversations between the spouses and propose realistic compromises. Occasionally, the mediator may keep the spouses in separate spaces to diminish the risk of conflict. Even when the spouses don’t communicate directly with one another, the goal is to help them achieve an amicable settlement.
By addressing specific concerns and making concessions in some areas, spouses can potentially arrive at a realistic and appropriate settlement. Provided that they both agree on the terms they negotiated, they sign a binding agreement at the end of the mediation process.
That agreement is the only part of mediation that becomes public, as the spouses submit it to the courts as part of their divorce filing. They can then move forward with an uncontested divorce based on the terms they set in mediation. If mediation is unsuccessful, then the spouses have the option of continuing to negotiate or moving forward with litigation.
Understanding what happens during divorce mediation can help people better prepare for an upcoming mediation session or evaluate whether it’s a viable option for their family. Many couples find that mediation can help them settle matters that seem like intractable disputes in the early stages of a divorce.