Mediation is considered to be one of the better methods for working through the division of assets and other marital issues during a divorce. It can take time though. To better help you understand mediation, it is important that you know the different stages involved.
Introductory Stage
The mediator knows nothing of your marriage or divorce. In order to help you and your spouse reach a compromise on how to dissolve your marriage, the mediator needs to gather information from both of you. During this stage, important background information is collected.
The process of gathering information about your marital issues can take longer than one session. You will need to provide important documentation to the mediator, such as the account numbers on checking and savings accounts and copies of life insurance policies.
Once the mediator has this information, he or she will start to talk to you and your spouse about the laws in your states. This information will be used to apply to your case. For instance, if you and your spouse are trying to determine child custody, the mediator will explain what child custody laws apply to your particular situation.
Formulation Stage
After all of the information is gathered and both you and your spouse have been informed of the laws that apply to your case, the mediator will start to work with both of you to build the framework for an agreement. During this stage, the mediator will ask about your interests, goals, and concerns. This stage does not have to be limited to just one session.
Do not get discouraged if you discover that your spouse's interests overlap with yours. It is common. The mediator's job is to get you and your spouse to reach a compromise.
Depending on the mediator, you and your spouse will either attend the sessions together at this point or separately. If you do have separate sessions, it can take a bit longer to reach an agreement since the mediator will have to repeat information to both parties.
Compromise Stage
Once you and your spouse have outlined your interests, the mediator will start to work on reaching common ground with both of you. The mediator will help you and your spouse understand all of your options. There will be some concessions made on both of your parts.
After you and your spouse have reached an agreement on your marital issues, you will need to submit the agreement to the court. If you were unable to compromise, your attorney (like those at David Borts Law Office) can help you prepare to take your case before a judge.
Share12 May 2015
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