What Should I Expect in Divorce Mediation?

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Although divorce is traditionally settled in a court at the decision of a judge, several alternative options have become popular in the past few years. Mediation has fast become an advantageous way to settle the various issues involved in a divorce. If you are considering mediation sessions for your divorce it is important to understand the process and what you can expect before moving forward. Speak with an experienced Central Islip divorce lawyer for more information about mediation and whether or not it can benefit your divorce.

What is Mediation?

Mediation is an ADR (alternative dispute resolution) used to resolve conflict between parties without going to court or traditional litigation. Some issues, like divorce, have the potential to be resolved between disputing parties without intervention from a judge. Mediation allows two spouses to hash out the details of various topics and create unique solutions to fit their needs.

What Can I Expect in Divorce Mediation?

Preparation is key before heading into a mediation session. The process can be daunting if you are unsure what to expect.

During mediation, you and your spouse will meet with a neutral third-party individual, known as the mediator. You can choose to have legal representation present during these sessions or forgo counsel. The first meeting will generally focus on introductions where the mediator will explain the process and rules.

Both parties will have the opportunity to present their side of the divorce including their perspective on relevant issues, their desires, and concerns. Either in that same meeting or the next, an open discussion will begin. Keep in mind that the mediator is there simply to facilitate discussions between the parties, not to make any decisions.

You and your spouse will discuss asset division, child custody and support, spousal support, and more. Each party can explain how they would like each topic to be handled including a fair division of assets and debts, what is in the best interest of any children involved, whether or not alimony is warranted, etc.

Once all of the relevant information is out in the open, negotiations can begin. The mediator should encourage open communication, help both parties express their needs and concerns, and ensure both voices are heard. While it is up to the spouses to create a final agreement, the mediator will likely offer options and solutions that may not have been considered and steer them toward a mutually beneficial resolution.

The length of the negotiation process will vary depending on the couple themselves and their circumstances. Once both parties have settled on all relevant issues, the mediator can help draft a formal agreement. The document will outline the terms of the divorce and be signed by both parties before being submitted to the court.

Divorce is never an easy process and it can be overwhelming, especially if you are unsure what to expect. Consult an experienced attorney for more information and legal advice during the process of your divorce.

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