Mediation
What is divorce mediation?
A mediator is an independent third party who works with the couple to reach a divorce settlement. The mediator is neutral and does not give advice (legal or non-legal) to either party. Each party retains their own legal counsel. Mediation tends to be more cost effective than collaborative and litigated divorces.
Divorce mediation is all about you and your soon-to-be ex-spouse choosing your own divorce and what’s better for the both of you and your family. In mediation, you and your partner meet with a neutral 3rd party - a mediator - and with their assistance work through resolving issues you have in order for the two of you to end the marriage as cost effectively and amicably as you can. The factors covered generally include:
- Taxes
- Retirement
- Child Support and Spousal Support
- Child Custody and Parenting Time
- Distribution of Property (Liabilities/Assets)
To work through any of the above financial situations, it is important to have a financial professional on your side. For more information on mediated divorce, contact Marriage Financial Solutions at (310) 442-8473.
How does mediation work?
In mediation, a couple with the assistance of a mediator, will work out agreements on the aforementioned factors. Agreements sometimes come easily, but occasionally they take a lot of work and time. When agreements are difficult to reach, that’s when a mediator intervenes. It’s the mediator’s responsibility to keep the communication lines open, reality test the couple, brainstorm ideas, teach empathy and help the couple in their process of decision making. Mediators assist in keeping the pair focused on the problems at hand, attempting to keep them on track. As divorcing couples lose focus and move away from the above factors during mediation, name-calling, arguing and bad memories can happen.
Divorce mediators are neutral and don’t "work" for either spouse. This means the mediator can’t provide advice to either party. He or she has to stay neutral no matter what the circumstances.
What the mediator can do is help the divorcing couple to formulate ideas that eventually can lead to agreements which will stand the test of time. This honest exchange of information will free up both spouses to negotiate with one another in confidence. Because both partners are working with the same information base, it typically takes less time to negotiate a resolution which makes sense to both partners.
Mediation is a voluntary process and will continue only as long as the three of you - the mediator, your spouse, and you -- want it to. Mediations may be performed on a weekly, biweekly, monthly basis or however often is needed and agreed to by all parties.