Divorce mediation is an alternative dispute resolution process. Couples who attend mediation have an opportunity to pursue an uncontested divorce filing. Provided that they reach an agreement about how to handle the various issues in their divorce, they can set their own terms for everything from financial support and custody to property division.
While mediation can be a very useful resource for those who want to divorce without high levels of conflict, many spouses don’t know what to expect from the mediation process. People find the unknown intimidating and may avoid mediation because they don’t know what it involves.
What does mediation require from divorcing couples?
Mediation involves mutual compromise
There are two main approaches to mediation. In a traditional mediation situation, the spouses may have a face-to-face discussion facilitated by a mediator. This is often the fastest and most efficient way to negotiate a compromise.
Not all couples can handle the stress and conflict possible in face-to-face mediation sessions. Sometimes one or both spouses might prefer caucus or shuttle mediation. The process is largely the same, but the mediator travels back and forth between the two parties who remain in separate spaces to discuss marital issues separately with each spouse.
In either arrangement, the overall process is largely the same. The mediation process begins with the mediator hearing a brief summary of divorce disputes and goals from each spouse. They then share the input one spouse provided with the other and try to guide communications in a way that facilitates compromise.
Spouses generally have their own attorneys present during mediation to serve as their advocates. That way, they don’t put themselves at a significant disadvantage by agreeing to wildly inappropriate terms. The mediation process often involves proposals and counter-proposals where each spouse makes small adjustments to what they ask for and offer.
Each spouse can prioritize these specific issues that matter the most to them while making concessions in other areas. If the spouses successfully reach a settlement, they can integrate all of the terms into a written agreement. Successful mediation typically ends with the spouses signing a binding agreement that guides uncontested divorce proceedings. If the spouses can’t reach an agreement, then they can proceed with divorce litigation to resolve their ongoing disputes.
Understanding what occurs during divorce mediation can help people feel more comfortable about suggesting it or agreeing to a spouse’s suggestion to mediate. Privacy and enhanced control over the divorce are both valuable benefits for those who attend divorce mediation.