Mediation is a method of negotiation during a divorce settlement that can have the most influence on the outcome of the proceedings. Below you’ll find a guide on what happens during mediation, as well as how experienced legal guidance can help throughout the process.
What is Mediation?
Mediation is a confidential meeting outside of the courtroom to give spouses the opportunity to come to an agreement on the divorce. A neutral third party is present to facilitate the discussion and is most useful when determining the best course of action for aspects such as child care and custody to ensure the best possible outcome for the children.
Benefits of mediation include:
- Most end in a settlement of all the issues of the divorce
- They are far less expensive than a court trial or series of hearings
- It is kept confidential and out of public record
- You are still allowed to have an attorney present
- You and your spouse control the entire process and outcome, rather than a court
The process usually begins with both parties speaking with the mediator over the phone to provide background information on your marriage, family, or other issues. Then you will attend the first meeting where the mediator will explain the process further to show what you can expect.
Once negotiations begin, the mediator will help you stay on track, and encourage you and your spouse to express your positions, opinions, and reservations about a variety of subjects.
Once negotiations are completed, the mediator or one of your attorneys will draft an agreement for things like a co-parenting schedule or parenting plan. These documents will also be a part of the rest of your divorce paperwork and judgment and can become enforceable by a court if they are violated.
The Benefits of an Attorney During Mediation
Having a seasoned divorce attorney present during mediation can be a massive help if someone believes they are unable to represent themselves clearly or are afraid to stand up for their own best interests, and an attorney can help do that for them.
Speaking with an attorney beforehand can also help parties better communicate what they need from the divorce proceedings and find out what is truly fair for them.
Contact our Estate Planning Team Today
We understand how stressful going through a divorce can be. That’s why we are committed to providing compassionate and personalized services to each of our clients to make sure they find the success they deserve.
To find out how we can protect your interests in mediation, contact our seasoned team today through our website or give us a call at (479) 888-2039!