Want to get a divorce or separate? Choosing mediation means less conflict and more cooperation
Given the many benefits of mediation, especially versus going to court, it is surprising that more couples interested in getting a divorce or writing a separation agreement take advantage of this option. In mediation, the only participants are the couples and the mediator (lawyers for each participant do not attend). The mediator is trained to be impartial and focus entirely on helping the two parties achieve agreement on one or more of the following:
- Divorce or separation agreement, including the split of property, child and spouse support, parenting
- A cohabitation agreement covering living arrangements, separation and death
- How to solve relationship conflicts between parents and children
- How to solve financial disputes between parents and children
The role and responsibilities of a mediator
- Don't take sides
- Draw out the needs and feelings of each party
- Strive for full disclosure
- Don't offer an opinion or suggest a solution
- Focus on helping the parties achieve a mutually acceptable outcome
- Address what is important to each party
Key advantages of choosing mediation
- Less costly than going through the court system
- Participants have an opportunity to express themselves in a situation that is far less threatening and limiting than an appearance in court
- Participants feel that they have a direct influence on the outcome of the mediation
- Opportunity to speak freely as statements made during a mediation cannot be used against either party after the mediation
- Any agreements are not binding until the lawyer for each participant has consulted with his or her client
- Reach a creative solution customized for your family and situation
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