What Is Divorce Mediation?

Your spouse may have made up his mind that he wants out of the marriage. Whether it came as a surprise or if you saw it coming, you need to protect yourself, your marital assets and consider the best interests of the children (if there are any).

Today’s savvy couples are turning to divorce mediation to dissolve their marriages in a more amicable way and as a way to be financially prudent with marital assets.

What are the advantages of divorce mediation?

  1. It is a time and money saver. A successful divorce mediation allows you to bypass the formal process of a divorce court. A successful divorce mediation will shorten the process for both parties.
  2. Mediation is confidential; there is no court reporter making notes of what you both say.
  3. Mediation, by its very term, is fair for both parties. The mediator is an unbiased third party who objectively helps you navigate the process.
  4. If you want to avoid long, drawn out litigation and save money on court and legal fees, mediation is an ideal solution.
  5. You and your soon-to-be-ex spouse remain in control of the situation rather than turning your lives over to attorneys and the court.

Are there any disadvantages to divorce mediation?

There is no one-size-fits all solution to the dissolution of a marriage and that’s why you may see these as drawbacks to divorce mediation.

  1. It’s not a legal proceeding. You will not have the benefit of “pre-trial discovery” in which a judge compels both parties to disclose financial records. If you have an angry spouse, he will have the opportunity to hide assets.
  2. If there was bullying or intimidation in the marriage, you may feel railroaded during a mediation procedure if your spouse attempts to control the situation. You will need to speak up for yourself.
  3. If your spouse cheated or was abusive, none of this information will be taken into consideration during a divorce mediation proceeding. These situations may require further investigation so you can assure you’re getting what you have coming to you out of the marriage. If you’re overwhelmed by the process and by the very fact of going through the divorce you may not have the wherewithal to speak up for yourself.

 How can you prepare for a divorce mediation meeting?

  1. Do your homework on the divorce mediator. Ask for references, look at their website, speak with the mediator and assure you’re comfortable with him or her.
  2. Do a post-divorce budget to assure you’re walking into the divorce mediation appointment prepared to negotiate for what you need to survive financially following the divorce.
  3. Make certain you and your spouse are making the necessary arrangements for your children. The children should be front of mind during any divorce proceeding.

If you’re facing a divorce, give us a call and let us tell you what a divorce mediator can do for you. We even offer online mediation services so you do not have to leave your home or office to fit you session into your busy schedule.

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