We specialize in divorce mediation.
What is mediation?
Mediation is a procedure in which the parties discuss their disputes with the assistance of a trained impartial third person(s) who assists them in reaching a settlement. The parties will fashion the solution as the mediator moves through the process. The purpose of divorce mediation is to avoid the time and expense of litigation by settling the issues involved in a divorce before either spouse files a complaint in court.
If two parties to a dispute cannot come to a final agreement through mediation, there are several choices: Go to Trial: If the mediation fails then the case can still go to court to be reviewed and decided by a judge. … Go Back to Mediation: You can go to another mediation process and begin a new mediation.
Benefits of Divorce Mediation.
Develop your own agreement rather than having a judge dictate one to you.
Cooperate as co-parents and develop your own parenting plan.
Be able to talk to each other and address each other’s concerns.
Save time and money by not engaging in long protracted litigation.
The Role of the Mediator
During the mediation process, the role of the mediator is not to provide legal advice or make decisions for the couple. Instead, a divorce mediator is there to make sure the process moves along smoothly. The mediator is a third party who can help you and your spouse come to an agreement on the terms of your divorce.
The Divorce Mediation Process.
Step 1: Introductory Meeting
The first step of the meditation process is the introductory meeting. This first meeting gives both spouses a chance to get to know the mediator. During the introductory meeting, the mediator will explain her role and outline the rest of the process.
After the mediator introduces herself, each spouse will have the opportunity to explain the situation from their perspective. Remember, mediation is not about arguing or bickering, so it’s important for each spouse to share their side of the story.
Step 2: Information Gathering
Once the introductions have been completed the mediator will begin gathering the information necessary for decisions to be made. Many times you will bring important documents and information to the introductory meeting in order to help this stage go smoothly. Sometimes you may not be able to get all the information you need for the first meeting. In that case, the mediator will help you figure out what you need. Once the mediator has all the documents she needs, she will ask you both some questions in order to get a better understanding of your case.
Step 3: Framing
After gathering all necessary information, the mediator will ask each spouse to outline their needs and interests, as well as the reason behind those needs. This step helps each spouse to think through the outcome they’re looking for during the mediation process. Framing allows the mediator to identify any areas of contention between the couple and help them navigate those issues.
Step 4: Negotiating
Now that everyone has stated what is most important to them, the mediator will begin the process of negotiating the divorce. She will give the couple several different options for resolving any conflict. Of course each spouse is not going to get everything they want out of a mediation. But the mediator will work to provide options that best meet the needs of each spouse. Many times compromises must be made, but those compromises will be something everyone will be content with.
Step 5: Conclusion
Once all of the issues have been discussed and the couple has chosen the option that will work best, the agreement is put into writing. This document will summarize the agreement you and your spouse have come to as a result of mediation. The final settlement agreement will then be filed in court.
Is Divorce Mediation Right for You?
Mediation works best when spouses are able to be honest with each other and when they treat each other with compassion and respect. If you and your spouse both agree to follow through with a divorce, mediation will help you save time and money.
If you are interested in learning more about divorce mediation, contact Amin Family Law today.