A Divorce Mediator is an independent, neutral, third party who works with your spouse and you to help facilitate a domestic relations agreement. The mediator does not represent either person. The mediator helps your spouse or co-parent and you talk to one another in constructive terms and come up with a settlement that you both can accept.
Divorce mediators are typically attorneys, financial planners, mental health professionals or other professionals who have specialized training in both divorce and mediation. The mediator’s purpose is to help you brainstorm ideas, reframe your issues, effectively communicate and come up with creative settlements that satisfy both your spouse or co-parent and your wants and needs.
Divorce Mediation is a healthy alternative to seeking court intervention. It is not, however, a substitution for going to court as the mediator is not a judge. A mediator does not have the power to order either of you to do anything. A mediator does not have the authority to grant your divorce. Only a judge can do that. The mediator’s sole job is to help work together to settle your own case in an amicable way so that you can maintain control over the decisions, make decisions that make the most sense for you and your children and take into consideration the individual things that are most important to each person.
For Divorce Mediation to work properly both people have to agree to full disclosure of your financial information. You both have to produce all the documents, need to show your income, expenses and assets. After full disclosure, you will work with the other person and sit down with the mediator and come up with creative options to resolve the issues.
WHY USE DIVORCE MEDIATION?
A Mediator can help your spouse or co-parent and you come up with an agreement that you can both live with. If you could negotiate directly and effectively with your spouse or co-parent, you wouldn’t need a Mediator. If you go straight to court, you may not like the judge’s decisions. Mediation allows you to negotiate with your spouse or co-parent in a safe environment. It allows you to be creative with your family’s individualized needs. You can even make deals in mediation that no judge would ever order in court.
Divorce Mediation is usually much faster, less expense and less traumatic than fighting in court. It’s also private, whereas the court system is public. Although it’s still difficult, it causes less wear and tear than fighting in court and allows you to have a greater measure of control over the
decisions which will affect your personal life, your family’s life and your future.