Choosing to get a divorce can be a difficult decision. Many people think of divorce as battling it out in court and creating a hostile environment. However, there is an alternative known as mediation. The team at Newport Divorce Attorney have seen it all, so we want to offer a few tips for a successful mediation.
Before we dive into the tips, let’s discuss what it is and how it works. When two parties cannot agree on a conclusion, a mediator can be used to help them find a result that works for both of them. In terms of a divorce, this time to negotiate is used to help both parties come to an agreement in regards to child custody terms, distribution of assets, child support, spousal support etc. Instead of a battle where the final decision is made by a judge, a mediator sits with both parties and helps them reach an agreement that both people are comfortable with. An experienced attorney can assist you in the negotiations.
It is essentially a three-step process. Before actually meeting with the opposing party, you will create an outline that includes basic information, issues, and what needs to be resolved through this process.
During the meeting, you and the other party will reach terms that are agreeable to both of you. A mediator will be used as an objective third party and ask questions or prompts that will help you both reach a conclusion. The mediator may decide to keep you in the same room or they may decide to separate you into two different rooms.
Afterwards a document will be drawn up that outlines the agreed upon terms. This can include things such as a parenting schedule, support and how assets will be divided. This document will be filed with the court and become a part of your divorce settlement. Anything agreed to in the mediation document will be considered legally binding.
There are many benefits to this type of negotiating in a divorce case. Unlike a litigated divorce, mediation allows both parties together to reach a mutually beneficial agreement. Other benefits include:
Mediations can be successfully completed without a lawyer. However, having a lawyer during the mediation process often reassures you that you are making good decisions. It is always a good idea to have a lawyer review your mediation agreement prior to it being filed. That way, you will have a full understanding of what you are signing and that you can abide with the terms of the agreement.
Are you thinking about using a collaborative mediation in your divorce? Contact the offices of Newport Divorce Attorney. We have helped many clients successfully work through a mediation agreement. For more on mediation and collaborative approaches to divorce, please visit or call (949) 752-2727.