What Is Divorce Mediation?

by Abbey

One would always wish that his or her marriage would last forever. Sometimes things do not work as planned; the couples have several arguments and fights. Some people are able to reconcile their differences and make their marriage work, while some opt for divorce. When the divorce is through mutual understanding, then it is called as uncontested divorce. If the divorcing partners want to get legal issues related to divorce sorted out by the court, then it is called as a contested divorce. Divorce mediation is a process through which the divorcing partners can sort out legal issues related to divorce such as child custody, alimony, debt division, property distribution, child support etc

During mediation, the mediator helps the divorcing partners to discuss and sort out legal issues related to divorce. To work as a mediator, one needs to have apt certification and knowledge about the legal aspects related to divorce, budgeting, and tax. The couple can either themselves choose mediation for divorce or the court might ask the couple to attend mediation sessions. The mediator does not make any decision or enforce his or her thoughts on the divorcing partners, but assists the couple to reach a common decision with respect to their divorce case.

Divorce mediation process

1.The divorcing couples are either ordered by the court to go through the mediation process or the couple themselves opt for mediation
2.Before the actual mediation process starts, the couple needs to attend orientation session, where the mediator explains the rules and regulations of mediation
3.All the issues related to the divorce cannot be resolved in one session, the couple needs to attend several such sessions
4.The issues such as alimony, child custody, child support, debt division, property division etc. are sorted out during the mediation sessions
5.The decisions made during the mediation are noted down by the mediator as per the legal law
6.This legal document is forwarded to the lawyers, who further submits it in the court

Mediation can be divided into two types:

Divorce court mediation

Some states in the United States have compulsory mediation. Hence, the divorcing partners need to opt for mediation. During such mediation process the issues specified by the court are discussed. Mostly issues related to child custody, visitation rights, parenting, and child support are discussed.

Private mediation

The couples getting divorced through mutual understanding may sometimes have certain issues related to debt division or child custody. They prefer to sort these issues through mediation. The mediator would assist them to find a common ground to resolve a certain issues. Mediation is the right process for those couples who want to avoid court trials and save the time and money spent during the court trials.

Mediation is a vital part of the divorce process. The divorcing couples need to understand that the mediator would not provide you a solution to your problem, but help you to reach a common decision on the issues related to your divorce. Children are the most affected during their parent's divorce. Hence, it is the duty of the parents to work together along with the mediator to sort out issues related to parenting, child custody, child support, visitation etc.

About the Author
I am Abbey Thomas a freelance writer. Currently I am writing about state wise divorce procedures in America. Read more about divorce mediation here.