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What does divorce mediation entail?

As divorce mediation increases in popularity, many couples may have heard of it and wondered how it works. Divorce mediation can provide divorcing couples with more control over divorce outcomes and their future following the divorce process. By being able to reach more agreements concerning divorce-related issues, the couple may enjoy a more amicable divorce process. Divorce-related agreements concerning property division, spousal support, child support to some extent and child custody can all be addressed through the divorce mediation process.

There are several advantages to divorce mediation, including that it develops a foundation and pattern for the couple to handle issues that may arise following the divorce. Mediated agreements are also more likely to be followed because the couple agreed, through the mediation process, to the terms of the agreement. Through the guidance of a mediator, who serves as a neutral party when guiding the couple through the process of developing a divorce settlement, the divorcing couple may better understand the legal process and how it is likely to impact their divorce. This can lead to resolutions concerning issues that may be in dispute, as well as others.

When the couple first meets with a mediator, they can go over divorce-related issues that need to be resolved and information that needs to be shared or disclosed. Once information has been exchanged, usually at a follow up meeting but not always, the couple can work with the mediator in the mediation process to arrive at compromises that will ultimately become the couple's divorce agreement.

Typically, the mediation process is less costly and takes less time than divorce-related battles that can drag out in court. In addition, couples may be able to reach agreements concerning some issues during the divorce process which can be beneficial and efficient even if agreements concerning all disputed issues are not reached during the divorce mediation process. Divorce mediation is an important option for divorcing couples to consider among the range of resources available to them through the family law process.

Source: Family.findlaw.com, "Divorce Mediation FAQs," Accessed June 26, 2016

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John T. Chamberlin, Attorney at Law
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