The Mediation Process - it's Easier Than You Think!
What to Expect During the Process
Mediation consists of several steps that result in the development of a final agreement. A Divorce Mediator’s goal is to be a neutral third party and to guide a couple through the mediation process to ensure a win/win resolution, the mutual respect the parties have for each other is preserved, the process is completed in less time and at less cost than a litigated divorce or custody case.
1. Determine the Issues
During the first stage of the mediation process the Mediator works with the couple to identify all the issues that need to be incorporated into a final agreement. They support the client in making educated decisions and helps them decide what information needs to be gathered to facilitate reaching agreement. The mediator's expertise helps the couple communicate issues and express their needs and expectations.
Factors that are necessary for successful Mediation include:
- Willingness to share all relevant information
- An atmosphere where both parties feel safe to state their views without reservation
- Complete confidentiality
2. Gather Supporting Documents & Information
It is critical that all pertinent information is discussed openly and truthfully throughout the Mediation process. The process will only be successful when all pertinent information is discussed openly and honestly.
Discussions with other professionals—accountants, therapists, real estate agents, house appraisers, etc.—may be needed depending on the particular challenges a couple may faced.
3. Mediation & Negotiation
When the first two steps are completed the mediator works with the couple to address all issues individually until an agreement is reached that is mutually acceptable to both spouses or co-parents and to the court. The mediator expertly leads discussions in a way that is productive and protects the rights of each spouse or co-parent. The Mediator assures that each souse or co-parent has the opportunity to express their opinions and needs in open dialogue and that while both parties may not feel they got everything they want in the agreement, each party will feel their voice has been heard and that the final document has been crafted in a true good faith effort. He often validates the common areas of contention and that most couples’ issues are not unique.
The Mediator helps the couple develop a foundation of trust and openness and helps them avoid the blame game. A successful Mediator ensures all ideas, feelings, and needs are listened to and taken into account before a final agreement is reached.
4. Building the Final Agreement
The Mediator crafts a clear, understandable Separation or Custody Agreement that outlines all the decisions the parties have made. Both parties may review the document a final time and may also have another attorney review it.
The final agreement will now be submitted to the court along with other supporting documents. Once this paperwork has been submitted, the court will schedule a hearing, a case is presented to a judge, and the judge approves the agreement at that hearing, and grants the divorce.