It is common for divorce proceedings to be notorious for being longwinded, expensive, and overly contentious.
This happens when the divorcing spouses fail to agree on key points of a divorce settlement and decide on the route of a contested divorce.
The mediation process aids both parties in reaching an agreement on how to handle their affairs instead of letting a court decide for them.
The mediation process
This is a process where both parties come together to discuss the terms of their divorce, for example:
- Who takes primary residence,
- Contact and maintenance of children,
- Division of assets.
Generally, the parties appoint a neutral person to be a mediator. This can often be an attorney, a social worker or a psychologist.
This neutral body will try and work with both parties to try and reach a settlement agreement. It is important to note that the purpose of the mediator is to be a neutral person, therefore, they can not take any side.
A mediator must see how the case can be resolved amicably out of court.
Mediation is a confidential process that allows the spouses to have more direct control over how their divorce agreement is drafted.
A mediator does not make any decisions on behalf of the parties. All the decision making is left to the parties alone.
Generally, lawyers are not allowed at mediation sessions, although it is advisable that before you sign any settlement agreement, you get the opinion of a lawyer to make sure that it adequately protects your interests. After all divorce is a major life-changing event.
Parenting Plan
Whenever there is a child involved, it is recommended that you create what is called a parenting plan. A parenting plan is a legal document that the court must see before it grants a divorce order. You also need is somebody called a family advocate to endorse that parental plan.
It is the parties who determine what the final outcome of Mediation will be.
A mediator does not put pressure on the parties regarding how they should deal with their dispute and what the terms of their future agreement should be. A mediator provides guidance for reaching the best outcome for all parties involved.
