Divorce mediation can help families move forward

June 22, 2013

Divorce mediation can help families move forward

When a marriage begins to dissolve, the spouses may feel a lot of uncertainty about the future. They may not know exactly what to do or what may happen, but they do know that the time is right to move on. Finding the best way to get through the divorce process can be confusing, especially since most couples never expected to be in this situation.

Divorcing couples often find that they are unable to come to an agreement on their own on the important issues that need to be completed before a divorce will be finalized. This could lead to the divorce heading into the courtroom where it becomes a long and expensive battle between the spouses, resulting in a court-ordered agreement that can leave both sides wanting more. Some of these couples may wish to consider mediating their divorce.

In divorce mediation, the couple works together with an experienced neutral mediator to resolve the challenges they are facing. This can include developing a child custody and parenting time plan, as well as some of the complicated issues that may arise when trying to divide property and resolve other financial issues.

The goal of mediation is to help both parties reach an agreement that takes their wishes into consideration. Both sides have an opportunity to discuss the issues that are most important to them with a neutral third party, and they all work toward an agreement that is reflective of these needs.

The spouses are also strongly encouraged to have their own attorney working with them outside of mediation so that they understand the agreements that are being proposed. The spouses may have questions about what they are agreeing to, and the attorney can help the parties understand their rights and obligations under these arrangements.

Often, in many divorces, it is not uncommon for the spouses to be very upset with one another while the process is ongoing. Mediation can help the parties remove some of the emotion from the divorce proceedings, and instead focus on the important issues that need to be resolved.

Many couples prefer mediation because the agreements that they make at this time seem to have a better chance of working out long-term because these are agreements they reach themselves. When the court issues an order during a contested divorce, the judge does not necessarily have to take the parties' needs into consideration. This could result in the ex-spouses continuing to argue with one another over the court orders that are in place.

If you are considering filing for a divorce, speak to an experienced family law attorney about the options that are available for your situation. You may have questions about whether mediation is best for you, and an attorney can explain the process so that you can make an informed decision on how to proceed. Your attorney should also discuss collaborative divorce if it is decided that mediation is not suitable. Every divorce is different, and it is important that you work with someone who understands what is most important to you.

Article provided by Bartholomew & Wasznicky LLP
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