When is Mediation a Good Solution for Divorce?

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Where there is divorce there is bound to be controversy, but controversy doesn't necessarily have to mean going to litigation and having a protracted court battle. Mediation for divorce presents a favorable alternative to going to court, for those who want to come to an agreement with their spouse but who just can't quite get together on the issues without some help.

Understanding Mediation for Divorce

Through mediation you and your soon to be ex-spouse can come to an agreement regarding all parts of the divorce.  Whether property settlement, child support or alimony and parenting responsibilities, the mediator will be better equipped to help you negotiate the situation in a logical and neutral way.  A mediator may prove to be more a more affordable solution to your divorce situation than fighting things out in court, and allows you more autonomy to make decisions yourself.

Mediation has preset goals.  Usually these goals are to have you and your soon to be ex-spouse focus on life after divorce.  Mediation can provide a good method of identifying key issues so you can find solutions and come to a settlement agreement best suited to your particular divorce.

There are certain steps that must be taken in order for mediation to work and mediation can be a good solution for divorce if you are willing to take those steps. 

  • For one thing you must understand what a mediator is and can do for you.  A mediator is an unbiased third party that will meet with both you and your soon to be ex-spouse to discuss dissolving the marriage in a mutually agreeable and positive way.
  • The mediator will help you identify what issues need to be resolved, and help you negotiate these issues based on necessity and fairness
  • The mediator will help you reach an initial agreement by talking to each other- he's not going to decide anything for you or make any rules.

Mediation services are a very good thing when it comes to divorce and help everyone involved stayed focused on the bigger picture.  A mediator will better help you understand divorce as a process instead of as an emotional tug-of-war.

Getting Help

While during the mediation process you may not necessarily need a lawyer, it will be a good idea to have a lawyer on your team when it comes to divorce as a legal process. Your lawyer can help you get ready for mediation and can help you make sure you protect yourself when making an agreement. Usually, mediation provides a good platform for both marital parties to come to a  mutually satisfying agreement.  However there are instances where mediation may not work.  In those instances the issues surrounding the divorce will need to be resolved in the courtroom.

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