Divorce is on the horizon and the time has come to prepare for mediation. You understand the basic advantages when compared to litigation, but you’re still unsure of exactly what to expect once the process is up and running.
Here are five important divorce mediation questions to address before your first session:
- How does a mediator help? A mediator does not have the same legal power as a family law judge, but this person can facilitate communication, clarify the divorce process, provide information about the legal system, discuss alternative dispute resolutions and ensure a fair discussion.
- How does mediation work? While it varies from case to case, it always starts with a first meeting during which the couple identifies the issues of the divorce. These can include disagreements regarding property and debt division, child custody, child support and spousal support, among others. Subsequent meetings are when you will negotiate on all of these issues with the idea of reaching a resolution.
- Do you have to go to court after mediation? As long as you work everything out in mediation, there’s no legal requirement to appear in court. Your mediator can assist with filing the documentation.
- How long does the process take? This varies based on the issues at hand and the willingness of both individuals to negotiate and compromise. On average, a case typically takes at least three or four two-hour mediation sessions.
- Is it possible to consult with an attorney during divorce mediation? Not only is it possible, it’s suggested. Even though you’re not partaking in litigation in a courtroom setting, there are still challenges standing in your way and big decisions to make. A family law attorney will ensure that you understand the ins and outs of the process, while also helping you secure the best possible resolution on all fronts.
When you address these five important divorce mediation questions before the process begins, it’s easier to maintain a high level of confidence in the future
There are many ups and downs during mediation, but as long as you’re protecting your legal rights you know that you’re inching toward a resolution on all fronts.