This post is the fifth in a multi part series on divorce mediation, its advantages and disadvantages, how it works, and who it’s best suited for. If you haven’t read parts 1-4 yet, I recommend you do before continuing.
How does divorce mediation work? (continued)
The next task in divorce mediation is to find compromises on the tough issues that will satisfy both parties as best as possible. This is usually the most difficult phase of mediation. Few people have an easy time compromising when it comes to issues surrounding divorce, but at least in mediation the divorcing parties retain control over which compromises they make. Sometimes this stage of divorce mediation can feel like two steps forward and one step back. However, a skilled and experienced mediator will build an environment where the divorcing couple can make progress on solving their disputes in mutually beneficial ways.
Once negotiations are concluded, your mediator will work with both parties’ attorneys to assemble everything necessary to complete the divorce. Depending on the case, this might include a parenting plan, child support schedule, spousal support agreement, child custody agreement, and more.
On the other hand, if the divorcing couple fails to reach an agreement through mediation, they will have to abandon it and pursue another course of action, like a traditional, litigated, divorce. However, most people who undertake divorce mediation are able to make it work – a settlement is reached via mediation in around 80% of the cases where it is used.
Finalizing the divorce
After negotiations are complete, the divorce documents will be submitted to the court for review. If the court agrees that the arrangements made by the divorcing couple are fair and reasonable, they’ll make it official.
Check back soon for The truth of divorce mediation – advantages, disadvantages, how it works, and who it can help the most, part 6. In the meantime, check out our page on divorce mediation.
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- Child support in New Mexico – making and modifying agreements, resolving disputes – part 6
- Child support in New Mexico – making and modifying agreements, resolving disputes – part 5
- Child support in New Mexico – making and modifying agreements, resolving disputes – part 4