levitra"> levitra"> Mediation 101
levitra

Click to go home.

Google
 

Search:
 

Survival Tools
& Resources
Divorce & Finance Blog
Divorce Discussion
Forums
Divorce Help Desk
Divorce Resource Library
Professional & 
Resource Directory
State Divorce Information
New Trends in Divorce
 
 
Divorced or Separated Individuals (IRS Pub 504)
Divorce News
Subscribe to Divorce Interactive News
Ask the Expert
     Financial Planner
Columns
     Parental Guidance
     Child-Centered Solutions
Divorce Interactive Newsletter
Divorce Books
Glossary





Mediation 101

Mediation 101

By RICHARD M. GORDON, BA, MA, JD

Divorce is never easy. It has taken a long time for you to make the decision to split up. And even if you and your spouse are still on “good terms,” you’ll encounter problems when you attempt to work out the details of your separation. Rarely is there equal bargaining power in a marriage. Plus, it is very difficult to make rational decisions when emotions are running high. Few situations are as emotionally charged as the end of a relationship.


Mediation is a voluntary settlement process that allows you to control your own destiny rather than leaving your fate to a judge who knows nothing about you or your spouse. You need never to step foot into a courtroom, as all discussions are held in the safety and comfort of the mediator’s office. Because of this, mediation is far less costly in both economic and emotional terms. Couples can save up to 90% over a traditional courtroom battle by using the mediation process.

How it Works

Divorce Mediation is a step-by-step process through which separating couples arrive at a fair agreement which is acceptable to both parties. It is conducted under the guidance of a trained professional who helps the couple make their own important decisions concerning their changing and uncertain future. The mediator need not be a lawyer. A psychologist with some knowledge of divorce law can be quite effective in dealing with a couple going through a breakup of their marriage.

The mediator helps you identify the points upon which you already agree and works from there, with cooperative problem solving, on the issues which are not so easily disposed of. Some examples of typical questions that come up during the process are:

Who will the children live with?
How much visitation will the non-residential parent enjoy?
How much support will be paid?
What does support cover?
Who gets to stay in the house?
How will I get my money from the property we own?
How will our investments be divided?
Do I have to share my retirement plan?
Who will pay the credit card debt?
What about health insurance?
Will the kids get to go to college?

A skilled and experienced mediator is able to create a safe and cooperative environment which encourages open and honest discussion. The mediator’s role is an impartial one, identifying issues exploring underlying interests, suggesting options and balancing power.

The mediator is neutral, does not represent either party and does not make decisions. Mediators are trained to listen and help both parties stay focused on the task at hand. There is no need to bring “dirty laundry” into the room or the discussions. Mediators encourage the couple to search for a solution to their unique problems and support them once a decision is made.

The mediation process culminates (usually after an average of five sessions) in the preparation of a Marital Settlement Agreement which details the specifics of your mutually agreed upon decisions. This agreement is the basis of the divorce decree.

A Final Note

It is important to understand that mediation is not the arena for deciding whether or not to separate or divorce. That should be done in the office of a mental health professional. However, once the decision is reached, mediation can help the separating couple and their children avoid unnecessary scars and return much sooner to the business of living.





DivorceInteractive.com tries to provide quality information, but cannot guarantee the accuracy, completeness or adequacy of the information, opinions or other content posted on the site. It is not intended as a substitute for and should not be relied upon as legal, financial, accounting, tax, medical or other professional advice. It should not be construed as establishing a professional-client or professional-patient relationship. The applicability of legal principles is subject to amendment by the legislature, interpretation by the courts and different application by different judges and may differ substantially in individual situations or different states. Before acting on what you have read, it is important to obtain appropriate professional advice about your particular situation and facts. Access to and use of DivorceInteractive.com is subject to additional Terms and Conditions. DivorceInteractive.com is a secure site and respects your Privacy.


Home  |  Advertise With Us  |  Professional & Resource Directory
Divorce News  | Glossary  | Divorce Discussion Forums
Change Area Code  | Terms & Conditions/Legal Disclaimer  |  Privacy Policy  |  About Us   |  Contact Us

2001-2010 DivorceInteractive.com  All Rights Reserved.