Standing before a judge and fighting with your ex-spouse is not an ideal
situation for anyone.
Mediation offers a nice alternative to the traditional divorce process by taking
away the courtroom and adding more control to both spouses. In order for
mediation to be effective, however, all parties need to be aware of how
it works and why it can be so useful.
Basics of the Mediation Process
There will only be three people involved in a typical mediation: spouse
one, spouse two, and a neutral mediator who is there to try to direct
the spouses towards an amicable solution. Any decision that is made during
a mediation session needs to come from the spouses; the mediator is
not there to call the shots and make choices for either spouse. Essentially,
the mediator is an overseer who encourages cooperation and can provide
immediate legal clarity on issues that come up.
Mediation will usually follow these steps:
- Mediator meets with each spouse individually to discuss what to expect
in the next step.
- All three parties meet in an office or conference room to discuss agreement options.
Experts are consulted if necessary for certain aspects of the
- Steps are repeated until an agreement is reached.
The mediation process does not need to be complicated, but it does rely
heavily on a willingness to cooperate and compromise. If you or your spouse
are not willing to listen to one another, understand opposing points of
view, and be flexible enough to give up certain things in exchange for
others, mediation will not get you far.
If worse comes to worst, mediation will need to be canceled and both spouses
will have to prepare for court with the help of an attorney. The mediator
that tried to help both spouses reach an agreement cannot be used as an
individual representative for any litigation, though. New counsel must
be retained, but it is advised that you hire a lawyer from the same law
firm as the mediator, when possible, so they can already have a keen understanding
of what has happened thus far.
Do you think that mediation might be right for you and your spouse? Want
to know more about it from a team of trusted Daytona Beach mediation attorneys? Call
to get a
from Buckmaster & Ellzey today.