Divorce can be one of the most emotionally challenging and stressful things that a person can experience in their lifetime. Life as you know it comes to a sudden standstill and the futures seems unclear and very scary.
While you are caught in the chaotic storm of sadness and anger, parts of your brain can take over and cloud your decisions and judgments, especially if there are children involved in the separation.
Because of this, mediation has been growing in popularity as an alternative to going to court when couples go through a divorce. Anyone that is currently going through a divorce should consider mediation, as it comes with a long list of different benefits. If you’re wondering if mediation can help with divorce, keep reading.
Here’s how mediation can help with divorce.
Although every mediator has their own approach to the mediation process, most mediation sessions run along the same lines and work in the same way. The process typically kicks off with a phone call. You will speak with a mediator to discuss your personal background information, your family situation, and what the issues are. Some mediators will want to go into a lot of depth and gather as much information as possible on the kick-off phone call while others prefer to wait until meeting you in person.
You will then attend your first mediation session where the mediator will explain what the process entails and what you can expect. The mediator will also need to do some paperwork during the first session.
After the mediator has gone over the paperwork, you will then make a short statement about the situation and the divorce. So will your spouse. After you have both made your statements, the mediator will ask a series of questions to help them clarify the information that you have provided. The next step in the process is assessing where you and your spouse agree and disagree so the mediator can figure out what needs to be worked on in order to reach an agreement.
Negotiating an Agreement
When the negotiations begin, the mediator may suggest an agreement to solve the simple issues first. Solving the simple issues first will make it easier for you and your spouse to build trust between one another. This will help you both negotiate the more pressing issues more effectively. At this point, the mediator will help you both stay on track and brainstorm different options to help you come to an agreement.
Completing the Agreement
Once the negotiations have been completed and a solution has been found, the mediator or a solicitor will write an agreement. If children are involved in the divorce, then a parenting plan and schedule will be written. These documents will be included in the rest of your divorce papers and become part of your divorce judgment. What this basically means is that a court could enforce the documents if there ever was a disagreement again or if you or your spouse don’t do what the documents say.
How to Find a Mediator
You should only ever work with a mediator who has extensive experience in divorce cases, and ideally one who is also experienced in family law. When researching mediators who specialize in divorce cases, make a list of questions that you would like to ask them so you can determine whether you will be able to work with them or not. If possible, try to find some recommendations from some people whose judgment you trust.
If you’re wondering if mediation can help with divorce, it can. Mediation is an excellent way of resolving disputes, especially when it comes to divorce cases. However, you will still want to have an experienced solicitor by your side at all times to help ensure that you get a fair agreement that has your best interests at heart. And remember: when it comes to mediation, it’s important to be open to compromise.