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Key factors about divorce mediation

On Behalf of | Nov 29, 2017 | Divorce |

When a marriage comes to an end, two parties must once again become one. To aid in this sometimes complex process, divorce mediation may be a viable option to consider.

If you are thinking about divorce, it is important you understand the process so you may approach it properly and reach the best result. There are a few key factors you should know and understand in regards to divorce mediation.

Role of mediator

Mediators serve as neutral third parties. Therefore, they are only there to help facilitate the process. Unlike a judge or arbitrator, a mediator does not make any decisions. This means the final decision is dependent on the two parties seeking a resolution.

Structure

Mediation has a set structure. Though mediators may not control the outcome of the mediation, they do go into the process with set goals. Depending on the variables surrounding the divorce, mediation may be required. For example, in some cases where divorcing parents petition the court for custody orders, the courts may require the parents to undergo mediation. When a divorce does not involve children, the opportunity for mediation becomes more voluntary; however, the courts to reserve the option to mandate mediation between two parties. The county in which the ex-spouses seek a divorce may also affect the mediation options and requirements. Therefore, it may be beneficial to check with the local courts.

Willingness

In a nutshell, mediation is a form of negotiation. For it to work, both parties must be willing and able to work together to come to an agreement. Therefore, parties must be mentally and emotionally stable and present. For this reason, law professionals usually do not advise individuals who have been a part of a domestic abuse situation to pursue mediation, as the process tends to be most effective when two parties are splitting amicably.

These are just a few key factors about mediation. Before embarking upon the process, it may be beneficial to weigh your options with a knowledgeable professional.

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