Mediation has many benefits that you may want to consider if you are going through a tough divorce. You and your spouse may still respect each other but be unable to get past a dispute, and that is okay. This happens to people all the time, and having a third party there to give you more information and guide the conversation can be a great help in resolving that issue.
If a single issue, or a few particularly difficult issues, are keeping you from moving forward with your divorce, mediation could be the solution. If you answer “yes” to these questions, you may want to consider mediation:
- Can you and your spouse work together respectfully?
- Would you and your spouse be willing to go to mediation to resolve the dispute?
- If a resolution is decided upon, would you both be willing to have it made binding?
- Are you willing to listen to a mediator’s guidance?
- Are you willing to negotiate?
What should you expect as you go through mediation?
The mediation process is fairly straightforward. You and your spouse will meet with the mediator. During the meeting, the mediator will set some ground rules. For example, they may ask that you do not interrupt each other and that you are respectful of one another. They may ask that you step outside if you get upset or that you end the session if an argument breaks out. Every mediator is different when setting the rules for the session, so make sure you understand them before you begin.
After that, the mediator will guide your conversation. This helps you stay on track and focus on the dispute that you are trying to deal with. The mediator can help you understand possible solutions as well as how the law may impact your decisions.
Remember, a mediator’s job is not to make a decision for you. Instead, they help you understand possibilities and guide the conversation. With a third party present, it is often easier to stay on track and avoid an argument, since they can refocus the conversation if a dispute pulls the talk to a standstill.
Your attorney can talk to you more about mediation if you believe that it may be the right solution for your case. Mediation has the potential to help you resolve your conflicts without ending up in divorce court.