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Navigating Mediation for a Divorce

Saturday, January, 15, 2011


Mediation for divorce may be a new concept for some, but it is becoming increasingly popular and a more widely used technique to resolve divorce-related issues. Typically, the process of divorce mediation involves both spousal parties sitting in a meeting room with a third party neutral negotiator, who is called a mediator. The mediator will help each spouse work through issues one-by-one, so that the divorce can be processed as quickly and painlessly as possible.

In the mediation process, the mediator does not take the side of the husband or wife; he has to remain impartial and neutral throughout the entire process. Some parts of the discussion will be held in the open, with the husband, wife and mediator present. At times, however, the mediator may suggest individual caucuses and meet separately with the husband and wife. Again, these individual meetings are not for the purpose to take sides or persuade. Instead, they are to clarify points or present alternatives.

Both the husband and wife are welcome to have an attorney present during divorce mediation, but the attorney will not be a part of the negotiations. The process continues with the divorce mediator, husband and wife until all issues related to the divorce are resolved and all parties are mutually satisfied.  An advantage of using mediation for divorce, as a way to resolve divorce-related issues, is that you and your spouse are in control of the divorce proceedings. Because the goal of mediation is to work together to come out with the best outcome, there is often less conflict than in adversarial divorce.