When you and your spouse decided to get a divorce, you thought that you’d both be kind enough to be able to resolve your differences without help. Unfortunately, there have been a few sticking points that have made it impossible to move forward.
In cases like this, where both parties are reasonable but disagree, mediation can be of huge help. Mediation allows divorcing couples to make decisions without turning to a judge, so that the decisions they come up with are more likely to be agreeable to both parties.
What are the benefits of mediation?
Some of the major benefits include:
- Higher compliance rates by couples who agree on a resolution
- Lower costs when compared to other methods of dispute resolution
- Learning new ways to cope with and handle disputes with your ex-spouse, which is beneficial if you need to continue working together to raise children or for other reasons in the future
Mediation isn’t right for everyone, but for those for whom it is a good fit, it’s a way to resolve disputes in a casual setting.
What does a mediator do?
The mediator, a third party, handles the session. The mediator’s job is to facilitate communication between parties. If they believe that you are not being clear about your opinion or point, they will ask you to reiterate it in another way or to clarify what you mean.
The mediator tries their best to keep things respectful. They enforce a rule where neither party may interrupt the other. They also can guide the conversation to prevent a shutdown in communication.
Mediators have legal experience, so they can provide information about the legal system and can help you understand how your issue may be viewed in a court. Mediators can also help you find third-party support for things like appraisals or accounting when it’s necessary to do so.
Overall, the mediator’s job is to keep the conversation on track and to help you and your spouse understand each other and how your case will be viewed in court. With that help, many people find that they are able to resolve their dispute and to come up with a reasonable resolution that they are both happy with.
What happens if mediation fails?
If mediation fails, then it is possible to try another type of alternative dispute resolution, like arbitration, or to head to trial to handle the rest of the divorce concerns.