Exploring Civil Case Proceedings

Divorce And The Mediation Process

20 June 2018 by Becky Freeman

Getting a divorce can be a very stressful and painful time in a family's life. Many couples need to go through mediation to help them resolve the issues common in divorce proceedings. Here is what you can expect from the process.

Hire An Attorney

Even in the friendliest of divorces, complications can arise, especially when children or money are involved. It is the rare couple who can navigate these turbulent waters without trouble. Often, the communication issues and irreconcilable differences that led to the divorce will prevent successful negotiations. For this reason, it is in the best interest of each party to have their own legal representation.

Get A Mediator

Depending on the state you live in, working with a mediator may be voluntary, or it may be a requirement. The judge may also order a mediator in states where it is not legally required if the two parties are not coming to a successful proposal on their own, especially when it comes to custody agreements.

A mediator is a neutral third-party whose goal is to help the couple negotiate the terms of their custody agreement on their own rather than having a judge decide what is best. While the mediator is a neutral party, they are expected to honestly report their impressions, such as one party being uncooperative to the process.

Prepare For Your First Mediation Appointment

In order to prepare for the initial meeting, you will need to write down your schedule in detail. The children's schedule, including day care, school, and after-school activities, such as sports or dance class, and church should all be listed as well. Additionally, any other regular appointments, such as doctor appointments, and special holidays should all be noted.

Once you have outlined yours and the children's schedules, you can write your initial proposal. This will include both custody placement and visitation schedule. Be sure to go over this with your own divorce attorney prior to the meeting. The laws can vary in terms of child support and time of placement. However, don't expect this to be written in stone; the process is all about negotiation.

How Long Does Mediation Take?

The answer depends on how quickly the two parties can come to an agreement. If both people show up with a sensible plan and are reasonable rather than contentious in their negotiations with one another, an agreement can be drafted and signed on the spot. However, if the issues are complex and emotions are running high, it will require more meetings.

For more information, contact a local firm like the Law Office of Greg Quimby, P.C.

Share