The process of mediation is a strategy that many divorcing couples use in an attempt to avoid the expense of a divorce trial. Mediation involves both parties meeting with a neutral third-party in order to work out some of the specifics in an amicable nature.
Most mediation sessions cover important divorce topics like:
- Asset distribution
- Child Support
- Child Custody
Also, in cases where alimony is a possibility, mediation can also be a method to use in negotiations.
During this process, a mediator will help guide the couple through their numerous agreements. While this guidance usually benefits the couple, it is always best for each party to enter the mediation processed prepared.
Understand the Logistics of Your Mediation
The details of your mediation sessions are extremely important. Knowing how long your sessions will be and how many sessions are scheduled can help you make the most of your time spent preparing. Depending on your specific time constraints, you may have to focus on a couple of important topics that matter most to you in the divorce. Our advice is to ask your mediator in advance what the process is and how long they expect it to last.
It is important to keep in mind that mediation is not binding. At the end of the day, if the parties can’t agree on their conditions they will go home with unresolved issues.
Keep in mind, a mediator is not an arbitrator. A mediator does not have the power to make any decisions for the parties involved.
Be Prepared With the Facts
One of the biggest reasons that negotiations fail during mediation is spouses negotiate with feelings over facts. Before coming up with a negotiation strategy, make sure to collect every financial document that will be necessary for your part in the negotiations.
Truly understand the amount of money in your accounts, the division of your marital assets, your child’s medical history, and more.
There are several ways to approach your mediation strategy, and your family law attorney can help you gather the information that you need to walk into your session prepared.
Enter With a Negotiation Strategy
Although your lawyer can help you with the legal specifics, it is important that you know what you want the end goal to be in these negotiations. Before entering your first session, your goals must be:
Also, having specific goals in mind can help keep you focused on the desired results if conversations begin to get heated during negotiations.
Mediate with Alternatives in Mind
Sometimes mediations fall apart and alternatives need to be considered. If you are concerned about this, you must truly consider what happens if your case goes to court.
- How much will legal fees be?
- How long will this divorce process last?
- How will this impact my family if it goes to trial?
Keeping these questions and answers in mind can help you best prepare for how to handle any deals that can arise during the process.
Marx, Altman & Johnson Guides You Through Mediation
Working through a divorce is never easy, but sometimes mediation can help ease the tension during important decisions. If you think that mediation is the best option for your divorce, it’s best to work with mediators that have experience in family law. Our practice is dedicated solely to family law and can lead you in the right direction for your mediation needs.
Contact us today to find out more about the mediation process or how to obtain our services.