Divorce and Mediation

Divorce through Mediation

There are many different professionals, including attorneys, psychologists and sociologists, who are now involved in the up-and-coming trend of divorce mediation.  The parties will meet with the chosen mediator to discuss the various issues involved in their particular divorce. The mediator gathers all of the necessary information, listens to the positions of both sides, and then attempts to assist the parties in coming up with a settlement. If the parties are able to broker an agreement, the mediator will then type up a Memorandum of Understanding. This is not a legally binding document. The Memo is simply a letter which lays out the agreed-upon settlement of the parties. The mediator will advise each party to then seek legal counsel to review the agreement and prepare the legally binding documents. Many people prefer to have an attorney throughout the entire mediation process to get advice as to a settlement. This is perfectly acceptable and may actually help the process move along more smoothly. Generally, both parties share in the mediator fee.

Divorce Through Mediation – How do you choose a mediator?

    The selection of a mediator is extremely important and may be a very personal decision for either party. If you and your spouse are interested in trying to resolve your divorce through mediation, it will be helpful for both of you to participate in choosing the mediator. Many people feel more comfortable with an attorney because lawyers do know the law and will be able to make sure all of the issues are discussed. Other people feel more comfortable with a psychologist because a psychologist can help separate the emotional side of the divorce from the financial side.  

    Most couples who are trying to make the divorce process as peaceful as possible, either for their own emotional well-being or for the children’s well-being, can benefit greatly from mediation.  You just have to choose someone that both parties feel comfortable with and trust. 
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