If you are going through a divorce, some alternative resolution techniques may be beneficial in avoiding lengthy and expensive court sessions. If you are considering mediation for your divorce, contact a Farmington Hills divorce lawyer to learn more about what you can expect from the process.
What is Mediation?
Mediation is an alternative method to resolving a divorce. Traditionally, two spouses would go to court to settle the various issues of their divorce at the decision of a judge. However, ADRs (alternative dispute resolutions) have become increasingly popular in recent years, with mediation being one of the most prevalent.
Divorce mediation involves the two spouses meeting with a neutral third party, the mediator. During these sessions they will discuss issues about their divorce settlement, letting the impartial mediator guide the conversation and maintain peaceful, progressive dialogue. The mediator, although leading the discussion, does not have any authority over the decisions made. Only the couple has a say.
What Can I Expect in my Divorce Mediation Sessions?
Every mediator is different and the process will be unique to each case. However, if you are going to use mediation during your divorce you can generally expect the following.
- You will typically meet with your mediator separately from your spouse before sessions begin. This time is used as an opportunity to introduce yourself and explain your desires and concerns regarding the various issues of divorce.
- Like any divorce, it is important that you gather all relevant information and documentation. Mediation requires full disclosure of both parties, meaning that a complete list of your assets and debts must be shared. This can include pay stubs, bank statements, loan information, and more.
- The mediator will frame each spouse’s needs and interests, meaning that they will help each party outline their desired outcome of the divorce, concerns, priorities, and goals. Oftentimes spouses’ interests and goals align. The mediator will help set you up for success by allowing both parties to understand what the other hopes to achieve.
- Negotiations will begin to determine what should be done about all relevant topics including asset and debt division, child custody and visitation, child support, and alimony. Keep in mind that you and your spouse alone have the power to make decisions during mediation. During this time the mediator will help you brainstorm, evaluate your options, make compromises, and create unique solutions to settle each issue of the divorce.
- Once the negotiation process has been completed and all relevant issues are agreed upon, the mediator can begin drafting a divorce settlement agreement. Both spouses and their attorneys will review the agreement to ensure it is accurate and complete before signing the document.
Once the mediation process is complete the signed agreement must be submitted to the court for the judge to approve and include in the final divorce decree. If you have further questions about the mediation process reach out to a skilled attorney to learn more.