What Should I Expect During Divorce Mediation?

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You could go to court to come to a divorce agreement, but litigation can get quite expensive and contentious. Some couples prefer to try alternatives, like divorce mediation. If you think that you’ll want to try this method before trying to solve all of your issues through litigation, a Morton divorce lawyer can tell you more about what to expect.

How Does the Divorce Mediation Process Work?

When you go to your first divorce mediation session, you can expect it to focus on gathering information. What do the financial situations of you and your spouse look like? What are your goals in these sessions? What led to the divorce?

Then you can get to discussing the big issues, like alimony or child custody. The mediator, a neutral third party, will guide you through the process and help ensure that both of you are heard. Instead of just being concerned about when it’s your turn to speak, you need to focus on what your spouse is saying. If you can put aside any emotions or animosity, you can have a real conversation and make real progress.

The mediator can help foster discussion of each issue, even the stuff that’s a bit harder to discuss. Instead of letting a judge hand down some verdict that neither of you will be happy with, mediation gives you the chance to come together and find solutions that work for both of you.

Is Divorce Mediation Binding?

A divorce mediation agreement is legally binding once you and your spouse both agree to it. The agreement gets brought to a judge and they should approve it, unless the agreement itself has some serious issues. Then if you or your former spouse have an issue and believe that the other person is not complying with your agreement, going to court and having a judge address the matter is an option.

This is why it is important to take your time and review your divorce mediation agreement. Make sure that you understand each part of it. You should also have your lawyer review any agreement with you before you sign.

Can This Method Work For Every Couple?

This method of dispute resolution can work quite well for some couples. Divorce mediation can be faster and less expensive than litigation. It can foster discussion and make it easier for you to interact with your ex after the divorce, a necessity if you need to co-parent. The unfortunate truth is that this doesn’t work for everyone though. It can be difficult to make mediation work if:

  • There is a big power unbalance in the relationship
  • There’s a history of abuse
  • One spouse has a history of lying about assets and other important matters

Meet With Our Family Lawyers

If you would like to learn more about the mediation process and how our attorneys can be of assistance, contact Butler, Giraudo & Meister, P.C. We can schedule a consultation for you and help you and your spouse figure out the best way to discuss your issues and come to an agreement.

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