Divorce mediation is an informal alternate dispute resolution process. Traditional court litigation requires a level of formality that can burden a divorcing couple with great expense and delay, and a trial can often become highly adversarial and combative. Mediation can significantly lower the costs of obtaining a divorce or resolving a child custody or visitation dispute. Divorce mediation can allow you and your spouse to maintain a good, working relationship long after an amicable divorce agreement is reached.
In mediation you and your spouse will sit down in the same room with each other and with a neutral mediator. With the mediator's help, you will work through all the issues you need to resolve so the two of you can get through your divorce.
Divorce mediation allows both parties to identify, negotiate and resolve the issues raised by the decision to divorce. This neutral person establishes firm ground rules and a confidential environment so that emotionally charged issues can be talked about safely. The mediator helps both spouses gather necessary information and review it systematically. At times, the mediator helps formulate a more creative solution than the court could offer. When parenting agreements and financial distribution plans are made by the spouses themselves, there is a better chance of meeting the needs of the entire family.
Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you, which is natural and inevitable, in a way that helps you to work together after your divorce.
The mediator remains neutral between the husband and the wife. That means the mediator can't give advice to either party, and also can't act as a lawyer for either party.
What the mediator can do, though, is to point out in open session to both spouses things that each of them should be aware of about what they're trying to accomplish. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
Mediation is voluntary. It continues only for so long as all three of you - you, your spouse, and the mediator -- want it to. You or your spouse can withdraw from mediation at any time, for a good reason, a bad reason, or no reason at all.
Contact Attorney Christopher E. Friel to schedule a free mediation consultation at 401-737-4200 x23.