What Is Divorce Mediation?

If you and your spouse are getting a divorce, then you may be searching for the best way to resolve your problems and divide up your shared estate, without having to go before a court of law. Divorce mediation is way for the both of you to sit down together, outside of a court of law to discuss how to properly divide up your assets and dissolve your marriage. In some cases this can make the entire divorce process go smoother and be less stressful.

What Exactly Does Mediation Involve?

This process is different from having judge determine who gets what when a marriage is dissolved. This is a process that uses an independent mediator to determine who should get what during a divorce. The process typically works like this: you and your spouse will meet with a pre-determined mediator. The mediator will not be directly tied to either of you and therefore should be impartial. These mediation sessions may go on for a few days or they could last for weeks. A divorce mediator can be and often is a lawyer, but they are not required to be an atto
ey. Each of you will explain your claim to the assets and why you should get what specific assets you want from the divorce. The mediator will listen to both sides and will draw up recommendations regarding the division of the couple's assets. Once the mediator has written up their advice, each of you will take that advice to your divorce lawyer for a consultation.

When Should You Consider It?

There are several situations that may warrant the use of a divorce mediator. This type of divorce agreement is usually the best option for couples who are on good terms and are on the same page regarding the dissolution of their marriage. It is also a good choice for couples who want to avoid going to court. Couples who are in agreement about getting divorced and who want to equally divide up their assets may choose to use mediation. They may or may not be disputing who gets what assets or who pays what in support. Often times, a divorcing couple will use a divorce mediator because they want to avoid using lawyers, which can be rather expensive. Mediation techniques are also better suited to couples who are fully aware of all of the different assets each of them owns. In general, divorce mediation may not be the best choice for couples who are not in agreement about getting divorced, who are extremely angry and spiteful to one another and who are not fully aware of what types of assets each partner owns.

Disadvantages of Using A Mediator

There are some disadvantages of using a mediator rather than going before a judge. A mediator can only make recommendations for the divorcing couple to voluntarily follow, but they are not judges and therefore cannot force anyone to do anything. Also, mediators are supposed to be unbiased, but if their recommendation heavily favors one party over the other they could be accused of favoritism.