What Happens During a Divorce Mediation?
Conflicting interests, multiple properties, and child custody complicate the divorce process. Typically, divorcing couples take their grievances and justifications to court so that the judicial system can settle matters. However, this can be time-consuming and unavoidably more legal costs.
Couples that have separated amicably but have trouble dividing their property or couples that remain mature and composed can turn to a process called divorce mediation. Through this method, couples have a direct say in the distribution of their assets and the custody of their children. Mediation could also reduce the resentment and stress that a court battle engenders among spouses.
The Law Offices of Ian S. Mednick give you a brief guide on what to expect during your sessions.
A Caveat for Divorcing Couples
Divorce mediation isn’t for everyone. The circumstances which lead to divorce stir up negative emotions in either party. Mediation will be extremely difficult if your marriage was volatile, or if you’re both unwilling to talk after the dust settles.
Divorce mediation requires that both people involved in the divorce are willing to cooperate and compromise with one another.
You should both want to mediate rather than go to court. If either of you is unwilling to compromise or accept the opinions and contributions of the other party, mediation may not be the avenue for dissolving your marriage. Compromise is rarely achieved overnight when there is no common ground to start you off.
The Stages of Divorce Mediation
Although there are some variations, divorce mediation usually occurs in five stages. Your mediator will guide you and your spouse through each of them until you’ve resolved matters to your mutual liking. The mediator may repeat some stages until that happens.
- Introduction. During this phase, the mediator explains the process of mediation. They’ll work with you and your partner to come up with optimal approaches for your case. This stage is where the mediator sets the agenda for the entire process.
- Information-Gathering. During this stage, the mediator collates all information that could influence your decisions. This includes all of your relevant properties and assets, your children, and any policies or documentation, such as insurance. The mediator will also discuss the legal precepts that may apply to your cases, such as child support and alimony payments. Thoroughness is essential in this stage and you must leave nothing out.
- Framing. In this stage, you and your spouse present the reasons for your demands. These could be as concrete as monetary needs, to abstract issues like your life goals and values. The mediator will first address the issues where you and your spouse want different things, and work from there. This stage can take place over several sessions as you and your spouse justify your needs and interests.
- Negotiations. Once the mediator has all the information, they can present you and your spouse options. With their guidance, you can explore and evaluate each option until you reach the option that gives maximum benefits to both sides. This can take a lot of compromises, but mediators will often focus on satisfying your most pressing need.
- Concluding. The final stage is where you and your spouse formally acknowledge the results of the mediation. The mediator may draw up a memorandum that outlines the salient points of the agreement and you can use them to file during your divorce case.
Although the results fall on your willingness to compromise and understand your spouse, you’ll also need a reliable mediator. This is especially true if you have extensive properties and assets. Under such circumstances, don’t settle for just any mediator, look for one with extensive experience and commitment to excellence.
Divorce Attorney in Long Island
The Law Offices of Ian S. Mednick is well-versed in the intricacies of divorce law in the State of New York and has experience handling high-profile divorce cases and divorce mediation.
Contact us for more details or visit our offices for a free consultation.
