Divorce

Everything about Divorce Mediation

| June 16, 2014 | 0 Comments

What is divorce mediation?

Divorce mediation involves the two parties in a marriage that seems not to be working well, deciding on how to separate, and what is best for both of them. Most importantly it involves discussion about the welfare and status of the children and other issues of marriage.

In the mediation, the spouses who want to divorce meet with a mediator (a neutral and unbiased third party). With the help of the mediator, the spouses work through the various issues that they need to resolve so as to ensure that they terminate their marriage in the most cost effective and amicable way.

What issues are covered in the mediation?

In divorce mediation, various issues are covered. These include the following:

  • Taxes,
  • Retirement,
  • Child maintenance/support,
  • Parenting and child custody time, and
  • Distribution of assets and liabilities (property).

Divorce MediationWith the mediator’s help, the couples develop agreements and common grounds on the above issues.

What is the role of the mediator?

The mediator plays a very important role in divorce mediation. Sometimes, agreements may come by easily but in some other instances they may take a lot of work and a lot of time. In situations where reaching an agreement is difficult, the mediator should intervene. It is also the role of the mediator to keep open the lines of communication, teach empathy, brainstorm ideas, reality test the parties, and generally assist the couples to make the right decisions.

The mediator should apply mediation skills to ensure that the couples do not get stuck in arguments and disagreements. Thus, he or she should ensure that the couples remain focused on the important issues at hand and should not allow the couples to get in to unnecessary arguments and disagreements. If the divorcing couples are allowed to get in to trivial issues that probably caused them to disagree in marriage and divorce in the ultimate, name-calling, arguing, and bad prior memories will come up and that will disrupt the process of mediation.

Divorce mediation features that you should know

Divorce is confidential and flexible. It gives the spouses an ample way of settling conflict in an amicable way the helps them work together as people who have been in loving relationship. This is particularly important if the marriage has issues such as children and properties acquired jointly by the couples. Even after the divorce, the parties involved must interact because they will be required to provide for, and care for the children.

The mediation facilitates communication between the parties. Communication is important because it will help the couples secure an agreement faster on issues such as child custody and maintenance. In fact, lack of communication itself can cause or play vital role in divorce. Mediation helps the couples to learn how they can once again communicate; even if it’s just for the sake of the welfare and well being of their children. A well structured divorce mediation can help the parties deal with the stress that may occur after divorce.

For the divorce mediation to succeed, the mediator must be neutral. Biasness or prejudice will damage the trust the both parties have on the mediator. In mediation, the mediator should not offer any advice to either of the parties. Regardless of the situation, the mediator must remain completely neutral. This notwithstanding, the mediator can help the divorce couples in the formulation of ideas which may in the ultimate cause the parties to secure agreements acceptable to both of them. Information must be exchanged openly and freely so that the spouses can confidently negotiate with each other.

Divorce mediation is voluntary and is based on the free will and consent of the parties involved. No party can be forced to enter in to mediation with the other.

How long will it take?

How long the divorce mediation process takes various from one case to the other, depending on the nature and complexity of the matters involved. Some divorce mediations take as short as some few days while others take several years.

How much will it cost?

The cost of divorce mediation varies depending on every individual case. If the mediation process is lengthy and complex issues are involved, it’s likely to go on for considerable period of time and is likely to be costlier.