Step-by-Step in the Divorce Mediation Process

Divorce mediation offers the soon to be ex-spouses a non-traditional way to resolve their differences and reach a mutual divorce agreement. A trained mediator acting as a neutral party will facilitate the process helping the couple determine how property will be divided and deal with issues regarding child custody and visitation. This process is beneficial for couples who are going through a divorce but wish to settle their issues without fighting it out in court. It can only be successful if both parties make a commitment to communicating openly and honestly with each another.

Overview of the Mediation Process

The length of the mediation process depends on the complexity of the case. However, it will take less time and money than litigation. The first step is to make an initial inquiry where the couple ascertains how the mediator can assist them.

The Initial Inquiry

The mediator will determine if there are any issues that would preclude the couple from entering mediation, such as domestic violence, drug or alcohol abuse, allegations of child abuse or adultery. The role of the mediator is to help the couple explore their options in reaching a settlement. They do not have the power to make any final decisions regarding the divorce, unlike a judge or an arbitrator.

First Step in Mediation

This session will serve as an introduction and overview of the entire process. The agenda will cover the following:

Description of mediation, the number of sessions that may be required along with the corresponding fees
The objectives that both parties wish to accomplish during their initial session
A review of the mediation agreement and what it will encompass. Both parties will need to sign this if they choose to continue mediation
Brief legal overview of what the grounds for divorce are in their respective state
The issues to be addressed during the mediation process
A list of documents the couple will need to bring for the next session

Second Step

This session will focus on the major issues the couple is facing due to the marital split, which might include:

How debts, assets and property will be divided, and whether the laws require them to split these, evenly or equitably. Each individual will need to present financial documents, including their most recent tax returns and insurance policies.
Develop a parenting plan to address child custody, visitation, and who will get the kids during school vacations, holidays, and birthdays. This should also cover issues the couple may be faced with in the future, such as one party wishes to move out of the area.
The amount of alimony and child support to be paid and how these figures are calculated.

The mediator may need to meet with each client separately to discuss any issues that may be of a sensitive nature. All conversations during mediation are required to remain confidential and cannot be used in court against either party.

Third Step

This session should be used as a review period to go over any issues the couple may still be arguing about. The mediator should do the following during this time:

Outline what each party has agreed to which will be included in the final agreement
Give the clients a list of attorneys who support divorce mediation
Address any questions or concerns of either party
Reaffirm to the couple that the mediator will be there to provide assistance if any conflicts arise once their attorneys have reviewed the agreement.

Mediation can take much longer than just a few steps and each session can last anywhere from one to two hours. The spouses should come prepared by bringing all necessary documentation so that the process can flow quickly.

How a Lawyer Can Help if You Choose Mediation

Even when a couple chooses to use divorce mediation to reach a final agreement; they will still need legal advice. A family law attorney plays a vital role in explaining how the laws work and if the family court judge is likely to approve of their settlement. If it appears to be unfair to one spouse, the judge can override their decisions. You should ask a lawyer to review any agreement before you sign it.

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