There are many different ways for people to approach the divorce process. Some divorces are contentious and require litigation. Spouses simply cannot agree on anything and need a judge to make decisions for them. Other times, spouses can cooperate and pursue uncontested divorces. If divorcing spouses do not yet agree on the terms of their upcoming divorce, mediation is one of the ways to achieve an uncontested divorce filing.
Divorce mediation is a form of alternative dispute resolution where spouses try to settle their disagreements so that they can sign a binding agreement and proceed with an uncontested divorce. What typically happens during mediation?
Each spouse can explain their perspective
Mediation involves spouses, their attorneys and a neutral third-party professional working together to try to settle disagreements. Mediation often begins with the mediator outlining the basic process and hearing an introductory statement from each of the spouses.
In some cases, this happens with everyone together in one room. Other times, mediators keep the spouses separate to minimize conflict. What follows is a series of structured discussions where the mediator hears from both people and tries to help them find ways to compromise.
The mediator helps spouses work together
By evaluating specific circumstances or requests at length, it may be possible for the spouses to find solutions that are mutually agreeable. Each spouse has the opportunity to express themselves and to compromise in areas that they deem less important. They can also refuse to compromise on terms that they view as crucial.
Some spouses can successfully mediate their disagreements in a single day. Other times, they may require multiple sessions to work through their disagreements and find solutions. Spouses may need to discuss misconduct during the marriage and concerns about the terms of the divorce.
Everything discussed in mediation remains confidential. Spouses are therefore in a position to talk about everything from domestic violence and substance abuse to infidelity. Those concerns may influence what terms they feel are reasonable and appropriate.
If the mediation process is successful, the terms the spouses agree upon become the basis of a binding written agreement. Both spouses sign agreement paperwork. They can then proceed with an uncontested divorce. If mediation is unsuccessful, spouses can continue to work together toward a settlement or they can proceed with a contested or litigated divorce.
Knowing what to expect can help people see the benefits of divorce mediation. Spouses who try to work together can preserve their privacy and retain control over the outcome of their divorce.