Good Fences And Not So Good Neighbors: Property Law 101

Going Through The Mediation Process Of Your Divorce

4 May 2020 by Hunter Moore

Divorce can easily be among the most contentious proceedings that a person may have to go through. Not surprisingly, this conflict can make it both emotionally and practically difficult to resolve a divorce. To this end, mediation can be invaluable for couples that are going through the process of separating.

What Is The Role Of Mediation During A Divorce?

Individuals will often be surprised when they are referred or required to go through mediation with their spouse. This is essentially a moderated negotiation between the divorcing parties. While it may not be possible for the two sides to come to terms with every point of contention with the divorce, mediation can allow for many of these matters to be resolved without the need of a judge or the courts to intervene. As a result, both parties will be able to ensure their input is included in the final agreement while also reducing the workload of the court system.

What Happens If The Efforts At Mediation Fail?

When the couple is unable to resolve a matter during mediation, the mediator will likely attempt to move to another topic so that as much progress as possible can be made. The matters that can not be resolved through the mediation process will likely be left to a judge to settle. This can create a powerful incentive for the couple to come to terms with an agreement during the mediation process. Otherwise, they may find that they lose all input into the final decision.

Will You Be Able To Have Your Attorney Present During The Discussions?

Individuals that are first referred to mediation may be worried that they will have to go through this process without formal representation. As a result, it could be very easy to feel intimidated by this process. In reality, individuals will be able to have their attorney present throughout the mediation process. This can allow them to discuss any offers or counteroffers with their lawyer before they make it. Furthermore, the two sides are likely to be in separate rooms during this process so that they will be able to privately consult with their counsel while they are formulating a response.

The mediation process can be an intimidating but required part of divorcing from your partner. Better understanding the role that mediation will play as well as what you should expect from going through this process will likely make it easier for you to feel confident going into this part of the process.

If you need help with divorce mediation, contact a family lawyer in your area.

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