People who are going through a divorce often wonder exactly what the process will entail. The answer to this isn’t the same across all divorces. Some people are able to end their marriage without having to go through the trial process.
Mediation is an option that gives parents and their spouses the ability to work with a third-party mediator to come to agreements about parenting, property division and support. The mediator doesn’t decide the outcome of the case, but they help both parties to work toward the common goal of ending the marriage.
How does mediation work?
Mediation is less formal than a trial, and it allows both parties to have more control over the outcome than what’s possible during a divorce trial. Family law mediation usually starts with an explanation of the process and a discussion about the confidentiality rules that apply.
The mediator will discuss the case with both sides. These discussions can occur with both sides together, separately or a combination of both. Each side can identify its concerns, discuss practical solutions and exchange proposals on various matters. These can include the division of assets and property, communication rules, parenting schedules, decision-making and financial support.
If both parties agree on the terms of the divorce, the resolution is presented to a judge who will decide if it’s suitable. If the judge agrees, the divorce order and all related orders become official.
If both parties can’t agree on the terms, the divorce can move to trial. It’s possible to present partial agreements in this case, which can reduce conflict during the trial.
Parties who are considering mediation should ensure they’re prepared. Understanding the decisions that have to be made and the options for doing so may be beneficial. It may be beneficial to work with someone familiar with these cases so they can assist with determining how to proceed.