5 FAQs about the divorce mediation process

| Oct 4, 2018 | Uncategorized

If you and your ex-spouse both want to handle your divorce peacefully, but aren’t sure how to work past strong emotions, divorce mediation may be a solution. This practice involves multiple sessions in which a trained specialist guides you and your ex-spouse through the tough divorce issues you’re struggling to resolve.

Still have questions? You’re not alone. Here are five frequently asked questions by those who are interested in the possibility of using divorce mediation.

How many sessions are there?

 The number of sessions you may require for divorce mediation depends on:

  • How many divorce issues the mediation session are needed for (property division, child custody, parenting time, spousal support, child support, debt division, etc.)
  • How long sessions last
  • How soon sessions can be scheduled

How long are sessions?

Divorce mediation sessions are structures so that they last between one and two hours. However, depending on the circumstances, sessions could last much longer.

Each session is usually scheduled a week or two apart. But, depending on the divorcing parties’ availability, this may also be subject to change.

Formal agreements that couples reach in mediation are officially drafted by an attorney once a tentative agreement is settled at the end of the session.

How are sessions conducted?

Formal divorce mediation usually involves working through the following steps:

  1. Advise the issue the session will address
  2. Each party explains how they’d prefer to handle the issue
  3. Identify conflicts between parties
  4. Present options and negotiations
  5. Come to an agreement

A trained mediator will help ex-spouses work through these steps to reach an agreement and prevent costly, timely disputes and conflict in court.

Will a mediator defend my position?

Mediators are trained to encourage couples to conquer their conflicts — rather than one another. The sessions should help you and your ex-spouse take in the facts objectively and choose the solution that is the most sensible.

While an attorney can take on the role of a mediator, the two parties would need their own separate attorneys to turn to for personal legal counsel.

Are the decisions made in mediation final?

Decisions made in mediation are “final” in the sense that they will be legally binding once they are signed and notarized.

To learn more about how divorce remediation works or to begin yours, contact a lawyer for help. A Family Law attorney can ensure that you have the proper paperwork, evidence and legal advice to seek the best outcome from your divorce case.