How does mediation work if you intend to divorce?

 Posted on October 07, 2020 in Divorce

Divorce can be very stressful and often involves two people that love each other intensely now fighting tooth and nail for custody terms or financial assets. Especially if you have children, that degree of conflict may not be the best option.

Thankfully, you and your spouse do have the option of filing for an uncontested divorce. Mediation is a commonly recommended tool to help people reach terms for an uncontested filing. How does divorce mediation work for a couple?

The two of you will have to negotiate and find a way to compromise

Divorce mediation typically involves the parties involved in a conflict, their legal representatives and a neutral, professional mediator. Mediation is not binding until the two of you successfully negotiate for terms regarding custody or property division. Once you have found solutions that work for your family, you write them down in a mediation agreement, which you can then present to the court as part of your uncontested filing.

Having a mediator there can be helpful if the two of you are currently at an impasse regarding certain terms. A mediator is especially critical if you can't be in the same room, as they can speed up and facilitate the negotiation process when the only thing you can agree on is that you want to file for uncontested proceedings.

Having your own attorneys there will help ensure that the agreement isn't unfair to either party and that it complies with state law. The right help can make mediation faster and increase your chances of success. Of course, mediation isn't the best option for all families, so asking your lawyer their thoughts on its usefulness for your situation can be a good first step.