This post is the third in a multi part series on divorce mediation, it’s advantages and disadvantages, how it works, and who it’s best suited for. If you haven’t read parts 1 and 2 yet, I recommend you do before continuing.
What are the advantages of divorce mediation? (continued)
- Mediation offers the divorcing parties greater control – In a litigated divorce, it’s necessary to give up a fair amount of control over the outcome to a judge and the court system. In mediation, the only agreements made are made by the parties themselves, which means they retain total control over the outcome.
How does divorce mediation work?
Mediation comes in many different flavors. Virtually any dispute can be mediated, and there are many different strategies for different situations. The key is that the mediator must be a neutral third party with the skills and experience to foster a constructive, problem-solving environment where the parties can set aside their differences and disagreements and focus on coming up with solutions that are to their mutual benefit. The divorcing couple may meet with just their mediator, or they may both have attorneys present at the sessions.
The first thing the mediator will do is collect background information on your case. Depending on the mediator and their personal approach, they may want to speak with each of the parties alone first – either by phone or in person – to learn the details of the case. Other mediators prefer to walk into the first session cold, and to collect information about the relevant disputes in real time as they unfold.
Many mediators ask their clients to sign a mediation agreement at the commencement of the process. This agreement may stipulate the couple’s commitment to mediation, an agreement to confidentiality, or how the mediation process will transpire.
Check back soon for The truth of divorce mediation – advantages, disadvantages, how it works, and who it can help the most, part 4. In the meantime, check out our page on divorce mediation.