Mediation is an alternative dispute resolution process in which a specially trained neutral third party helps people who are at odds find a solution to their dispute. People turn to mediation to settle civil legal matters privately instead of in court, where they become public record.
When divorcing spouses are willing to compromise, mediation can effectively settle disagreements about child support, child custody, division of property, alimony, and other issues surrounding divorce. Mediators help facilitate discussion and guide the parties toward a mutually acceptable agreement. They do not make binding decisions.
Leigh Daniel Family Law offers mediation facilitation services in Huntsville, Alabama, focusing on efficient and stress-reducing dispute resolution. For guidance on how to move your divorce proceeding forward with mediation, contact Leigh Daniel Family Law today.
Key Benefits of Mediation in a Divorce
One of the primary benefits of mediation for divorcing couples is that it can reduce the need for court appearances, which are public and stressful, particularly for children. Divorced spouses are also more likely to comply with the terms of their divorce since decisions made in mediation often reflect both parties’ desires.
Other likely benefits of settling divorce issues in mediation include:
- Cost-effective. Mediation is generally less expensive than court trials.
- Save time. Resolution is often reached faster than through litigation.
- Control over outcomes. Both parties can actively shape the final agreement, unlike court-imposed decisions.
- Creative solutions. There is the option for more flexible and creative compromises that may not be possible in court.
- Emotional well-being. By promoting cooperation, mediation may be less contentious and combative.
The Mediation Process Explained
When using mediation to resolve your divorce, you can expect the following process:
Choose a Mediator
The first step is to select a qualified mediator. Alabama does not have many regulations for mediators, so it is important for any couple entering mediation to ensure the person they hire is competent. Some people who advertise mediation services lack the knowledge and skills needed to produce agreements that a judge can ratify as part of a legally binding divorce order.
Attend Mediation and Make a Plan
To start mediation sessions, the mediator will meet with the parties to briefly describe the process, set ground rules, and explain confidentiality. They will ask each party to sign a paper saying they agree to mediate certain issues pertaining to their divorce. The parties involved may bring their attorneys for advice at every mediation session.
The mediator will likely propose a schedule or an order for discussing each issue and times for mediation sessions. The mediator may meet privately with each party for a deeper discussion of their needs and their version of the facts surrounding their disputes. This allows each participant to speak with the mediator without the opposing party and voice their needs, interests, frustrations, and worries.
A mediator cannot make decisions or give legal advice. But when authorized by either party, they will present ideas and possible solutions. As discussions unfold, the mediator will suggest ideas and compromises to help the parties tailor a plan specifically suited to their and their children’s needs.
Get Decisions Approved by Court
As decisions are made, the mediator will write out the terms of the agreement for each party to sign. These documents are meant to be presented to a family law judge who can ratify them as the couple’s divorce agreement, which is then bound by law. This makes it crucial for your mediator to not just facilitate productive discussions but also understand Alabama divorce law and how it applies to real-world circumstances.
Preparing for Mediation: Essential Steps
There are several critical steps to take as you prepare for divorce mediation:
- Gather financial information about you and your spouse as a couple and separately. You need to compile an accounting of assets and debts, bank and investment statements, and insurance statements. Get your credit report, too.
- Prepare a list of all real estate and personal property you and your spouse own together or separately and their values, if available.
- Document work schedules for you and your spouse, as well as your child’s school schedule and extracurricular calendar. Write out your child’s medical history, medications, therapy, and other important details.
- Consider each issue you want to discuss and how you want it resolved. It is better to have multiple ideas for resolution that you are willing to consider. Discuss any non-negotiable needs and requirements with your attorney.
- Set realistic goals and objectives for mediation. Manage your expectations and be emotionally ready to negotiate firmly but fairly and sometimes compromise to make decisions.
Making Confident Decisions During Mediation
Mediation involves making many critical decisions that can deeply affect you and your family. You want to go into the process with clear goals in mind that align with both your short- and long-term interests. Before finalizing an agreement, ask yourself the following:
- What effects will this decision have on your finances?
- Is this the best arrangement for your children?
- Do you feel pressured to accept this, or are you truly comfortable with it?
- Will you still be okay with this decision in a few days or even years?
While compromise is sometimes necessary, there are some things that you shouldn’t budge on. If you don’t feel you can agree on a plan that benefits you and your family, know when to walk away. In some cases, litigation may be a better option for your family’s well-being.
Ask Leigh Daniel Family Law How to Facilitate Successful Mediations
Mediation can save you time, money, and the stress of a courtroom fight over your divorce. Meet with Leigh Daniel Family Law’s experienced divorce and family law mediator to discuss how we would help you and your spouse pursue a mediated divorce agreement that best serves your and your children’s interests.
To learn more about how we can help you during this difficult time, contact us today.
