If you are luck enough to split with your partner amicably, divorce does not have to be a difficult process. However, it is more common for there to be a lot of friction and emotion in the way of just agreeing on everything and parting ways. In these cases, divorce mediation with a family lawyer is often recommended. If your lawyer has recommended mediation, the unfamiliarity with the topic can make it sound more intimidating than it really is, leaving you with a lot of questions. Here are a few of the most common questions concerning divorce mediation.
Who will be present at mediation?
Mediation is usually overseen by a legal mediator, who is professionally trained to offer unbiased presence during a disagreement. You, your spouse, and both of the lawyers may also be present. In the event that a third party is required, such as a close relative, this person can be brought in temporarily for input, but will not usually stay for the duration of the process.
If you know agreement cannot be reached, why does a lawyer usually recommend mediation anyway?
You may think that the disagreements you have about how the divorce will be carried out cannot be resolved, but it is amazing what a neutral party can bring to a discussion. Two people who are heading for a divorce often have a hard time with communicating without things getting heated, and therefore, resolutions are hard to find. When someone else is in charge of delivering information, it can help to keep things more calm, allowing for better lines of communication.
What happens during mediation, exactly?
Both you and your partner's lawyers will create a list of concerns that need to be addressed by both parties. The concerns will then be given to the mediator who will propose each article of concern individually to try and see if any compromise can be reached between you and your soon-to-be ex. You and your partner will be allowed to speak to one another as long as things remain calm. However, when things get too controversial for discussion, the mediator will step in and either offer solutions or move on to another topic or option.
When handled properly, divorce mediation can be a very effective way to reach agreements about certain aspects of the divorce. If you have questions and concerns, it is a good idea to talk to your family lawyer like one from Donald B Phelps Law about whether or not mediation would be a good choice for you.