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Can mediation help you get more out of your divorce settlement?

On Behalf of | Dec 20, 2021 | Divorce

Mediation is a type of alternative dispute resolution that has the potential to be extremely helpful for you. It takes place in a private setting with a mediator. That mediator is not on anyone’s “side,” but rather there to help you and your spouse understand how you may be affected by the choices you make.

Divorce mediation is a good way to work through disputes because you are able to talk through possible solutions without being bound to them. Since mediation is nonbinding, you can explore options you might otherwise have not wanted to discuss.

The mediation process

The mediation process is fairly straightforward.

  1. First, you will meet with the mediator to learn more about the fees, costs and general process.
  2. Second, the mediator will talk to each party and go through a protocol to identify the risk of domestic violence. This is important because it’s a way of making sure that all parties can be relaxed and safe in mediation.
  3. After this, you and your spouse will need to sign an agreement stating that you will mediate your case. You’ll receive an engagement letter from the mediator that gives a date for the mediation session and a general overview of the process to let you know that it’s time to begin.
  4. After you agree to the sessions, you will have to pay a retainer fee.
  5. Then, you’ll go to mediation. The initial mediation session is around three hours long, but subsequent sessions may be longer or shorter. You do have a right to have your attorney present, so they can help protect your best interests as well.

What happens when you come to an agreement during mediation?

Once you come to an agreement, you will sign the mediation agreement. An attorney will then prepare your Judgement of Divorce so that you can go forward with your agreement and have it approved by a judge.

Mediation is often faster than going to court and litigating. It is also a potential way to lower the cost of divorce. These are some things to keep in mind while you decide if mediation is right for you.