How does divorce mediation work?
How does divorce mediation work?
In divorce mediation, you and your spouse—or, in some cases, the two of you and your respective lawyers—hire a neutral third party, called a mediator, to meet with you in an effort to discuss and resolve the issues in your divorce. Mediation is confidential, with no public record of what goes on in your sessions.
Is mediation better than divorce court?
On the “pro” side, divorce mediation may: Result in a better long-term relationship with your ex-husband since you will not “fight” in court. Be easier on children since the divorce proceedings may be more peaceful.
What happens if you can’t agree in mediation?
If you dont agree at mediation the case will eventually be set for a Final Hearing/trial. You both will have an opportunity to present any testimony and evidence to the Court. The Judge or General Magistrate will then make a ruling.
Will it look bad if I refuse mediation?
If you don’t respond or decline mediation without a good reason, you will usually have to explain why you declined mediation to the judge, if your case subsequently goes to court.
How do I find mediation?
You can get a list of mediators from the Locate A Mediator database.
- Word of Mouth. Ask a friend, your attorney, your therapist, or another professional.
- Written Lists. Check local listings in the Yellow Pages.
- Referral Services.
How do you win at mediation?
Mediation: Ten Rules for Success
- Rule 1: The decision makers must participate.
- Rule 2: The important documents must be physically present.
- Rule 3: Be right, but only to a point.
- Rule 4: Build a deal.
- Rule 5: Treat the other party with respect.
- Rule 6: Be persuasive.
- Rule 7: Focus on interests.
- Rule 8: Be a problem solver for interests.
Can mediators make decisions?
A mediator does not have decision-making power. You and your spouse make the decisions in your divorce while the mediator provides the information and guidance needed to facilitate successful negotiations. Being in control of your own divorce may seem risky.
How do I get what I want in a divorce mediation?
In order to get what you want through the mediation process, you need to develop a strategy in advance. You need to know your priorities, you need to know your spouse’s priorities (at least to the extent that you can make educated guesses), and you need to know when it is time to compromise for the greater good.
Can a mediator decide custody?
The mediation may address legal custody, parenting plans, holiday and vacation schedules, transportation, and other areas that relate to the needs of the children. You and the other parent will consider the options and may resolve all, some, or none of these issues.
Do mediators take sides?
Oftentimes, the mediator is required to take a side on a particular issue; this is generally an unavoidable step in the mediation process. Do not be alarmed when your mediator takes a side: A mediator who avoids taking a stance is like a car stuck in neutral.
Who pays for mediation costs?
Customarily, those fees are split 50/50 between the parties. In three-way mediation, the fee is usually split three ways. However, that is not always the case. At the close of the mediation, often one of the points of compromise is asking one side to pay the entire fee.
