How Mediation Works In A Divorce

Divorce mediation is a process where you and your spouse will meet with a neutral third party to decide on how to handle the issues related to your divorce. The mediation process will take several days or even weeks, although this may seem like a long time, the reality is the divorce process can take significantly and be more emotionally draining.

In most cases the divorce mediator will know which issues are most important to both of you, and they will offer suggestions on how you can each handle the situation, by understanding which points both sides are willing to give on.

The mediation process will handle all the issues related to a divorce, these issues can include:

  • Asset Division (Will also include any financial obligations)
  • Retirement Savings
  • Taxes
  • Child Custody and Visitation Rights
  • Child Support
  • Alimony Payments

In arbitration, the couple, with the aid of the mediator, works out agreements in the aforementioned problems. Sometimes agreements come easy, sometimes they require a more lengthy process, this will depend on the how willing both sides are to move on their issues. When agreements are challenging to achieve, that’s when the mediator intervenes. You’ll also have the opportunity to have a divorce attorney Atlanta present to help you make sure the decisions you agree to part of your overall goal for the divorce. The mediator will work with you and your spouse to brainstorm some ideas, maintain the lines of communication open, as well as educate both spouses in the process. With the help of the mediator both sides are more focused on the issues important to them, instead of getting into emotional battles. Oftentimes in a divorce simple disagreements can turn into insults, this is where the mediator would be helpful in keeping the issues that matter on course.

The open environment offered in mediation allows both parties to confidently negotiate, while the mediator is an impartial figure which knows the important issues to both sides, and will provide suggestions on how to move forward with issues both sides maybe conflicted about. Since the negotiator will not favor either party only offering suggestions to move the process along this often expedites the ability to get a divorce agreement.

The arbitration process in mediation is voluntary. The mediation process will determine how to handle all the issues important in the divorce, but it’s up to both parties if they agree with the outcome discussed in the mediation process.

Arbitration is private and adaptable. It provides an opportunity for both sides to come to an agreement on the important issues, and to discuss as adults and parents how to best handle the children involved if any. Mediation results in communicating between the couples, which could then be utilized to discuss the most beneficial way to handle child support in Atlanta. The lack of communications might have been one of the chief reasons for the divorce.

Oftentimes the mediator is certified and experienced in conveying the most important issues and finding common ground. They also understand how to best handle the situation for the children involved, trying to make the situation for the children as comfortable as possible in a trying situation.

The suggestions offered in the mediation process are not binding, it only becomes binding once both parties acknowledge they understand the resolution set forth by the mediator and agree to divorce agreement. After the mediation session both parties involved are encouraged to seek independent legal advice to make sure they agree with the resolutions outlined in the mediation process.

Who The Mediation Process Is For

The mediator in the divorce acts as an impartial third party who evaluates the situation and offers suggestions on how to best handle any legal tug of wars that going on between the soon to be ex spouses. The mediator handling the divorce remain impartial, this means the mediator is not to offer any guidance to either party. Both parties can have their own divorce attorneys present if they choose, they can get guidance from their divorce attorney, or they can review the resolutions set forth by the mediator with their divorce attorney afterwards.

Often the mediation process would be shorter than the divorce process, as the divorce process can take several months to several years to complete, it’s not uncommon for a divorce case to take up to 2 years to resolve, if everything is being contested. Often divorces leave both couples greatly more dissatisfied because often divorces are emotionally filled and both sides want to feel like the winner in the process, this often leaves both sides with disdain for one another. Very few couples can leave the divorce process on speaking terms afterwards.

If your divorce case goes to trial, it’s often the courts that get to decide how the assets will be allocated, how child custody arrangements will work, this is process that could leave both sides in an uncomfortable situation, and neither party could get the agreement they’re looking for, leaving both parties unsatisfied and frustrated with the process.

As for the mediation process, it comes down to how quickly both parties can come to an agreement on the issues which are most important to them. The amount of time needed for the divorce mediation process will be dependent on the amount of issues you’re both dealing with, and how willing you and your former spouse are willing to come to an agreement on the terms most important. The benefit of the mediation process during the divorce is the mediator is trained in finding common ground, and moving the process forward in a way that’s satisfactory for both spouses involved without picking favorites.

Even though both couples may come to an agreement, on their own, it’s rare that both couples can agree on all areas, generally in most divorce cases it is communication issues which lead to the breakdown of the couple’s marriage, so it’s not likely that both sides can individually come to an agreement that would work for both parties involved.

Generally the mediation process will take under 10 sessions. The amount of sessions required will be dependent on how much each party is willing to give and take on the issues involved in the divorce. If there’s great a deal of hatred between the couples and all they want is for the other party to lose, mediation might not be the best option if this is the case. If both parties aren’t willing to give on any of the issues the mediation process will also not work. Mediation requires communications and a willingness of both parties to communicate.