What Should I Expect in a Divorce Mediation?Published: Mar 21, 2021 in Divorce
Written by Anthony Piccirilli
Divorce can be difficult, and the results aren’t always as you had wished. However, you can have more control over the outcome when you go through divorce mediation instead of leaving it all up to the court.
Collaborative Divorce – Reaching an Agreement With Your Spouse
Divorce can be contentious. However, it is possible to agree on things like division of debt, alimony, child support, visitation, and more. You can take part in a collaborative divorce through mediation.
Introductory Stage of Mediation
The first step of mediation is selecting a mediator and getting to know the facts of the case. Your attorney likely knows many mediation professionals and can select one that will work with your timeframe and exact situation.
You will have an opportunity to sit down with the mediator, your spouse, and both of your attorneys to discuss the facts of the case. You will want to bring everything to the table. Discuss all debt, marital assets, and other issues to discuss. Your attorney will help you make a list of what you want and need before the mediation.
The mediator will begin by getting as much information as possible from both sides. They will make a list of all financial information and other things that will impact the decisions.
Your mediator will also collect documents that prove how much debt you have, who owns the property, and other necessary information. The mediator will organize everything and make sure both sides are aware of all issues to be discussed.
The mediator will help both sides determine what they want and need. You will discuss your concerns, priorities, goals, and values.
Sometimes the framing stage will take place in separate sessions for each spouse. It’s best to keep your needs and interests private before the negotiation process. This protects you from being taken advantage of or giving away too much information too early.
Negotiation through Mediation
Your mediator will help you and your spouse negotiate an acceptable settlement. The goal is to come to an agreement that the court will accept as fair and reasonable.
Your attorney can make demands and present suggestions. Your spouse’s attorney will make a response with counterdemands and additional offers. The mediator’s job is to figure out where things align and help you meet in the middle.
Instead of getting locked in an argument, the mediator will help you find grounds on which you can agree. If there are some issues you agree on and others you cannot, it may be possible to make a divorce agreement that settles some of your problems and send the others to the court.
Concluding Your Mediation
When you agree with your spouse, your mediator will put it all in writing. Both spouses and their attorneys will sign the document, and it will be sent to the court for approval. Courts typically sign off on divorce mediation agreements because they are often in the best interest of all parties.
Call Pittsburgh Divorce & Family Law, LLC for Help With a Mediation
Don’t stumble through a divorce on your own. You might get taken advantage of, or all of your needs may not be met.