Divorce mediation is when divorcing partners meet with an appropriately trained, impartial third party to explore and address typical divorce-associated concerns. Mediation usually is less distressing and less costly than a divorce trial, and it moves much more quickly. In addition, since you and your partner have the last word in your divorce affairs, mediation enables partners to retain control and power in their divorce rather than relying on a court to make a decision.
Mediation allows you and your partner to improve your communication skills, even if miscommunication was the reason for the marriage or relationship collapse. Even the most “communication-wise” challenged spouses can prevail in mediation with the assistance of a skilled professional.
What Is The Process Of Mediation?
When you and your partner consent to utilize mediation as an alternative to resolve disputes and select a mediator, the process begins. Most jurisdictions make mediation optional, so if either partner opposes and prefers to go the usual divorce path, a judge will not compel your partner to participate in mediation. However, in other states, couples must demonstrate a reasonable positive attempt in mediation prior to arranging subsequent court sessions.
Mediation will only be effective if both partners are willing to negotiate the conditions of the divorce. Generally, a first session between the parties and the mediator will be scheduled. During the initial encounter, every partner will have the chance to explain their aspirations for the most typical divorce-related concerns, such as:
- Child support
- Child custody and visitation
- Property distribution
- Alimony, often known as spousal support
This preliminary talk will assist the mediator in determining how far apart you are and what places require the greatest attention. Mediation does not have a time constraint other than the formal limitations of divorce. Therefore, you, your partner, and the mediator can choose to meditate and deliberate on your divorce decisions so long as you want.
Typically, the longer the mediation, the more sessions you have, the higher the cost. You can schedule once weekly, monthly, or whenever you choose. Most partners can settle their disputes through mediation in just a few sessions, which often costs thousands of dollars far below going to trial.
After all lingering issues have been resolved, the mediator will create a divorce consent decree for both partners (and their lawyers) to examine, sign, and deliver to the magistrate.
Will Divorce Mediation Work For You?
Working with your partner and a mediator may be all that some spouses require to secure a divorce with less friction as practicable. However, mediation will only be effective if you and your partner are on the same track. If all or most of the following assertions are true, you are more probably to have an effective mediation:
- You and your partner decide to divorce
- There has never been a history of domestic violence
- Both partners are open about resources
- You have reached an agreement on parenting arrangements
Are you considering divorce mediation in your divorce process? You must only engage with a mediator who has handled divorce matters before, preferably one who is also an accomplished family law attorney. To get started, call (253)- 581-0660 to talk to an expert Tacoma Divorce Attorney right away.