Can Divorce Be Granted Through Mediation?

Can Divorce Be Granted Through Mediation?

Home Divorce Can Divorce Be Granted Through Mediation?

Can divorce be granted through mediation? Simply put, yes (although you will still have to file your divorce through the courts). Your situation may indicate that it’s a good option for you to consider. Keep reading to learn more about how and when you might be able to use mediation as an alternative to a lengthy and contentious divorce trial.

What Is Mediation?

Divorce mediation is a proven way for couples to successfully resolve disputes without a long, costly and stressful trial. The process allows you and your spouse to deal with difficult emotions, grievances, and other issues in order to reach an agreement that is best for your family. It allows flexibility in decision making, offers clear communication channels, promotes respect for both parties, treats everyone as equal partners in the resolution process and remains sheltered from the emotional damage of litigation. By the end of the couple’s mediation experience, you will have enough information to make an informed decision about whether or not divorce is right for you two and how you can do so amicably. 

The Mediator's Role

Divorce mediation provides an opportunity for divorcing couples to negotiate their own settlement agreement in a collaborative, non-adversarial atmosphere. It’s no longer necessary to have to fight—the divorce mediator can act as the neutral third party, drafting agreements and facilitating solutions without taking a side or exerting pressure on the divorcing couple.

How To Prepare For A Mediation Session

How To Prepare For A Mediation Session

  1. One of the first steps in mediation is preparation. You need to be ready to talk about your feelings and concerns openly and honestly. You also need to be prepared to listen to your spouse’s thoughts and feelings without becoming defensive or argumentative.
  2. Try not to make assumptions about what your spouse thinks or wants; ask them directly.
  3. Don’t expect miracles; don’t expect everything to be resolved in one session. It may take several sessions over several weeks or months before everything is settled between the two of you.
  4. When preparing for your mediation session, consider bringing a list of all of your concerns so that you can discuss them with your mediator during the meeting. Also bring any documents related to your divorce that relate specifically to these concerns so that they can be shared with the mediator at this time.

Mediation Allows You To Achieve An Amicable Divorce Without Going To Court.

Mediation offers you a non-confrontational way to work through your divorce. While a trial necessitates that each party argue their case in front of a judge, mediation allows you to settle on your own terms. What’s more, when done with professional assistance, mediation is also a much faster and less expensive process than trials can be. 

If you’re wondering whether this might work as an alternative way to get divorced, your best bet is to consult a legal professional who can walk you through the process and help you determine if it makes sense for your specific situation.

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