Divorce Mediation

Divorce mediation is becoming an increasingly popular option in divorce cases throughout the United States. Rather than letting the court decide how the assets, child custody, and child visitation is divided, the couple works together to find a solution that is satisfactory for all parties involved.

Mediation can be used a substitute for a divorce trial. During mediation, you will meet with a mediator who will walk you through this structured process. The mediator must remain neutral between you and your spouse; this means he or she cannot give advice or act as an attorney for either side.

Both parties are allowed to bring their attorney to the mediation sessions, if desired. It may be a good idea to have an attorney present when laying out the facts of the divorce, making a proposal for the settlement, or negotiating the final terms.

Mediation may not be the best solution for every couple. You and your spouse must be open to the idea of mediation in order for it to be successful. It is important that each side be motivated to settle the issues regarding the divorce. If you decide to go through mediation without legal representation, it is important that you are your spouse are well matched in your ability to negotiate. You must also trust your spouse enough to work out property, custody, and support arrangements. Mediation may not be an option in cases concerning domestic abuse or suspected child abuse.

It is important to note that mediators in your area might not be licensed. In many states, there are no established educational standards that must be met before a person calls him or herself a mediator. You should look for a mediator who meets established court or professional association standards. Mediators are typically family law attorneys who will assist you in resolving matters and help you prepare and file the necessary paperwork with your final agreement.

Mediation is not the only way to settle your case while avoiding a courtroom trial. A family law attorney may work with your spouse’s attorney to settle the case without going to trial.

Are you in the process of divorcing? It is worth speaking with an attorney who has experience and knowledge in family law. An attorney can help you decide if divorce mediation is right for you and your circumstances.