Modern divorce is a complicated and expensive endeavor. Even if you believe that you and your ex-spouse agree on everything, issues can pop up like who gets the fondue set or commemorative glasses. Simple things like this can torpedo a carefully negotiated divorce settlement. This is why the legal system has adopted several techniques to encourage people to settle their issues. One of these techniques is mediation. Divorce mediation is a great idea for many couples, but it isn’t for everyone.
There are a lot of myths and preconceptions about divorce mediation that unfortunately result in some people hiring a mediator when they don’t need one. This post will go over some of those issues to help you decide if mediation is the right choice for you and your ex-spouse.
It isn’t for you if you have already reached an agreement with your ex-spouse. In that case, you can jointly hire an attorney to get your paperwork filed and the divorce finalized. Likewise, it isn’t for you if you’re completely unable to agree on anything. In that case, you may want to go through a pair of attorneys and the courts.
But mediation can be helpful in a few ways. For example, it allows a neutral third party to facilitate communication between you and your ex-spouse. It allows you to focus on the issues while avoiding common emotional arguments and traps. The mediator helps keep people focused.
But the mediator is a not a judge or arbitrator. The mediator cannot impose a settlement on you. The mediator can only negotiate between the two of you and try to arrive at an equitable solution.
If you are considering divorce, mediation is far cheaper than litigation but it isn’t for everyone. You may also want to speak with an attorney. A lawyer can go over your situation and help you determine the best course of action for you and your family. Even if you are sticking with mediation, have an attorney look over the settlement. The attorney can advise you on whether it is in your best interests to accept the settlement offered.