Law Crux

Divorce can be traumatic. At best, it ends in a big fight with each party wanting to claw at the other. However, divorce mediation seems to be the safest route to follow rather than going to court and ending up with heartbreak. 

Divorce mediation—What is it? 

Divorce can be resolved outside the four walls of the court.

To discuss and settle the issues in your divorce, you and your spouse meet with a professional, third-party mediator who will always maintain a neutral stand in all their dealings. 

Although divorce mediation meetings may take place in a relaxed office environment most times, there is an online option available for divorce mediation too.

A mediator is charged with the responsibility of assisting you and your spouse in coming to an agreement on the matters that must be settled such as child custody, child support, and property division to complete or finalize the divorce. 

These mediators act in the best interest of the dissenting couple rather than make decisions or offer legal advice. Remember, it’s called mediation for a reason. Both parties must have a middle ground where they meet. 

Furthermore, most mediators have extensive legal knowledge that will enable them to create (and maybe file with the court) a divorce settlement agreement when spouses reach an understanding during mediation.

Can you have your lawyer in your divorce mediation process? 

You do not necessarily need your lawyer to be present or actively involved in the divorce mediation process. Many mediators discourage the participation of a lawyer out of concern that it may exacerbate the situation. Remember, what lawyers do in court? They may replicate the same in the mediation process and make things worse. 

However, you always have the choice to speak with a lawyer both before and after mediation.

But, it your partner shows up with their lawyer in the mediation process, before things proceed, pick up your phone and get lawyered up too. Why? You would be disadvantaged not to have a legal representative in a meeting that was not supposed to ruffle feathers. 

Why should you opt in for divorce mediation? 

There are several reasons why dissenting couples chose mediation. Moreover, even judges provide you with an option to mediate on your own before you file for divorce or at any time after. 

Below are reasons why you and your spouse should consider mediation. 

Cost. A trial will cost significantly more money than mediation.

Ends well for both parties. Most mediations result in a resolution of all divorce-related concerns, unlike the court proceedings where one party may leave more cheated than they came. 

Confidentiality. There is no public record of what happens during your private mediation sessions. Secondly, nobody wants to wash their dirty linen in public. 

Control. You have the mediation all under your control, you and your spouse, unlike the court where the judge sits at the helm of affairs. 

Communication. In the mediation process, you and your spouse are encouraged to open up and communicate. This is quite different in the courts. 

Freedom. In mediation, you won’t have a solution imposed on you based on impersonal legal standards. With mediation, you arrive at a solution you and your spouse are proud of. 

These are the basic things to know about divorce mediation.