What Happens in Mediation?

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:

  1. Mediator meets with each spouse individually to discuss what to expect in the next step.
  2. All three parties meet in an office or conference room to discuss agreement options.
  3. Experts are consulted if necessary for certain aspects of the divorce.
  4. 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 888.785.6548 to get a case evaluation from Buckmaster & Ellzey today.
Categories: Mediation