The role of mediation in resolving divorces is becoming much more common. One of the reasons it is so popular is because if successful, it can be much less costly – both financially and emotionally – than a contentious court battle.
Studies have shown that parties who resolve their case matter in mediation are often more satisfied with the result than if they pursue litigation.
Mediation is a process where a mediator, an impartial third party who likely has litigation or judicial experience, assists you in making mutually agreeable decisions about your pending divorce and children.
If you are going through mediation, then you need to be aware of the overall structure of the mediation process. What follows is a description of what you should expect to encounter the day of mediation, according to the divorce lawyers for men at Cordell & Cordell.
Though procedures vary slightly by jurisdiction and even mediators, generally you and your divorce attorney will be in a room together, and the opposing party and her attorney will usually be in a separate room.
Some mediators will begin the mediation with all parties in the same room to do opening statements; others may keep the parties separate for the entire day.
The mediator will go back and forth between each room throughout the day, assisting in the negotiation process and providing the offers or counter-offers to the other party.
The mediator will usually suggest certain settlement options if he or she sees the opportunity to do so on an issue. The mediator will be able to spot issues on which the parties may both be willing to compromise, or the parties may be closer to an agreement on certain issues than they are able to communicate to each other directly.
It’s best to be open-minded during mediation to facilitate an agreement that fits your individual case.
Ideally, if you come to an agreement at mediation, the parties and their attorneys will sign something on the day of mediation itself that outlines the terms of the agreement.
The divorce attorneys will often work with the mediator regarding the language in the agreement; this may entail the attorneys and mediator convening in a room together away from the parties to review and discuss the specific language for the agreement.
Please remember to review any document thoroughly prior to signing it. While your attorney should be advising you regarding the content and meaning, it is always best to review it yourself to make sure nothing is missed.
If you do not understand something, this is the time to get confirmation and an explanation on any language in the agreement. Ultimately, it is your case and your life that is being addressed in the mediation.
Mediation has the best chance for success when both parties are adequately prepared prior to the mediation session.
If the parties, their attorneys, and the mediator all enter the mediation with sufficient information, a clear picture of the priorities of their respective sides, and a willingness to work with the mediator to accomplish an agreement, the mediation has a reasonable chance to successfully resolve all pending issues without the emotional and financial strain of a trial.
