The Divorce Mediation Process

Divorce Mediation is the process where an unbiased third party helps a married couple work through the issues in divorce that need to be resolved in order to come up with a settlement that everyone can agree upon.

mediation.jpegThe issues brought up in a divorce are parenting time with each parent, splitting assets, splitting liabilities and debts, child support and spousal support.  Sometimes there are other conflicts in a divorce that need to be resolved, but each divorce case can vary from couple to couple.

Divorce Mediation is also known as a form of alternate dispute resolution and conflict resolution.

During each divorce mediation session, each of these items are discussed to determine what works best for the family.  Sometimes there are other creative solutions that come out in the mediation sessions after the couple of the mediators discuss these topics and issues.  Creative solutions can possible create a situation where both parties win in the dispute.  It is first important to find common ground and where the couple are agreeing and then work from there.

The process of divorce mediation does not happen in court and is private and confidential.  After the mediation sessions are over and all the issues and conflicts are resolved, the next step is to draw up an agreement.  Some mediators create a memo of understanding and others draft a stipulation or legal separation agreement.  The memo of understanding is not a legally binding agreement and even if a memo of understanding is created, it is still necessary to create a legal separation agreement.

The mediator facilitates the process of all the issues to help organize what is discussed and makes notes about the resolution of the issues.  Mediators will use various tools to help the couple understand each other to improve communications.

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