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Divorce Mediation
Overview of Mediation
Mediation
is a process in which a Mediator, an impartial third party, facilitates the resolution of family
disputes by promoting the participants’ voluntary agreement. Mediation also encourages the participants
to explore options, make decisions and reach their own agreements. Mediation is non-adversarial with
the objective of helping the parties reach a mutually acceptable agreement.
Divorce Mediation
Divorce Mediation is most commonly
used when a couple has decided to divorce and wants to control the process. In every divorce, the
parties must: restructure the family unit, address financial issues, follow state law and court procedures.
The Mediator, through training and specialized knowledge, facilitates the parties in addressing all
of these matters.
Divorce Mediation is
not a substitute for the need for family members to obtain independent legal advice or counseling
or therapy. Nor is it appropriate for all families. However, experience has established that family
mediation is a valuable option for many families because it can:
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increase the self-determination of participants
and their ability to communicate; |
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promote the best interests of children;
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reduce the economic and emotional costs
associated with the resolution of family disputes. |
Mediation may also be used in family matters
such as pre-nuptial agreements, grandparent issues, domestic partnerships, and post-divorce disputes.
Advantages of Mediation Over Litigation
| Litigation
is: |
Mediation
is: |
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Expensive |
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Cooperative |
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Time consuming |
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Less expensive |
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Public |
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Quicker |
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Adversarial |
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Confidential |
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Destructive of long term relationships
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Supportive of relationships
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Characterized by winners and
losers |
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Characterized by all
parties being winners
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Role of the Mediator
The primary role of a Mediator
is to assist the participants to gain a better understanding of their own needs and interests and
the needs and interests of others and to facilitate agreement among the participants.
A Mediator explains the mediation process,
provides a supportive, non-confrontational setting in which to negotiate, assists the parties to
understand and analyze the facts and issues, keeps the parties focused on the issues, helps the parties
gain control of their dispute, and facilitates creative and cost-effective solutions.
How Divorce Mediation Works
Divorce Mediation is a step-by-step
process through which separating couples arrive at a fair agreement which is acceptable to both parties.
Some examples of questions that come up during the mediation process are: Who will the children live
with?; How much visitation will the non-residential parent have?; How much support will be paid?;
What does support cover?; Who gets to stay in the house?; Who will get the money from the property
we own?; How will our investments be divided?; Do we have to share our retirement plans?; Who will
pay the credit card debt?
A skilled and experienced Mediator
is able to create a safe and cooperative environment which encourages open and honest discussion,
while remaining impartial at all times. The mediation process culminates in an agreement, which details
the specifics of your mutually agreed upon decisions. This agreement is the basis of the divorce
decree.
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