Divorce mediation is becoming more popular as a means of ending a marriage without resorting to litigation.
Mediation may alleviate a lot of the stress and uncertainty that comes with a divorce by putting the full power of decisions into the hands of the divorcing parties. Rather than relying on opposing lawyers as intermediaries, you and your soon-to-be ex-spouse work out a settlement with the aid of a mediator.
What Exactly Is Divorce Mediation and How Does It Work?
During divorce mediation, spouses meet with a professional, impartial mediator in an informal atmosphere. Although most mediation sessions take place in the mediator’s office, there are a variety of ways to participate in online (or “virtual”) mediation.
Regardless of the arrangement, the mediator assists the spouses in coming to agreement around marital issues, such as child support and division of assets, and recording the resolution in an agreement.
After drafting a settlement agreement, a couple may then petition for an “uncontested” divorce with the court.
Because everything has been sorted out in advance, the court typically expedites uncontested cases, allowing judges to complete the divorce in a shorter time frame than with litigation.
5 Indicators that you and your partner are a good match for mediation
While divorce mediation saves time, usually costs less, and lets the divorcing couple control the outcome, mediation is not right for everyone. Here are some indicators to gauge if you and your spouse may have a better experience by working with a divorce mediator to navigate the dissolution of your marriage.
1. You can effectively communicate with your ex
The capacity of both parties to speak honestly and constructively with one another is a critical component of a successful mediation. While no one expects you to get along with your soon-to-be ex-spouse, you will need to communicate civilly and work together to obtain a mutually acceptable arrangement.
The collaborative process of mediation is generally found to be a useful platform for future co-parenting agreements by divorcing parents.
2. You’re willing to make sacrifices to achieve a successful result
The division of assets, the calculation of spousal support payments, the negotiation of child support and child custody arrangements (if applicable), and other key decisions are all part of the divorce process.
You and your spouse will need to demonstrate a willingness to compromise as the mediation process progresses.
Mediation works best when both sides are willing to have an open mind and reach a reasonable arrangement that may or may not match their original expectations.
3. There are no issues with addiction or violence in your divorce
There are occasions when mediation is just not the best or most practical option for your circumstance.
Going to court is often the safest and most effective option to finish your divorce if one spouse suffers from addiction or if there have been occurrences of domestic violence during the marriage. If none of these conditions apply to your marriage or divorce, you may find that mediation is a cost-effective, and even empowering way to negotiate the terms of your divorce so that you may move ahead with your life.
4. If there is no custody issue for children
If you and your spouse don’t have children, you won’t have to deal with custody problems, which are sometimes the most acrimonious in divorces. Alternatively, if you and your husband are both dedicated to putting the children first and prepared to collaborate on a parenting plan, mediation may be a less stressful way to settle.
5. If you both are honest
Mediation can only succeed if both parties are honest about their assets and obligations.
If you have faith in your spouse’s financial disclosure and there are no worries about hidden assets, you may be able to reach an agreement on fair property distribution through mediation.
If mediation sounds like a good solution for you, please schedule a free 30-minute consultation with our mediators to learn more.