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If Youíre Thinking of Separation or DivorceÖ..

By: Kenneth Neumann

If you have decided to separate or divorce, mediation is the better alternative to costly legal battles. Here are answers to questions people often ask about divorce mediation.

Why Choose Divorce Mediation?

Separation and divorce are among the most painful and disruptive events and individual and family can experience. Tension quickly develops when divorce is contemplated. The problems are both financial and emotional, deeply touching all members of the family.

Mediation aims at reducing this tension, not increasing it. With the help of the mediator, couples negotiate their own settlement and learn the techniques for resolving future differences. Mediation is for couples who want to retain control over the decisions that affect their lives and donít want their children caught in the middle.

Mediation is not or couples who already know how to cooperate. Mediators show people how to work together productively in spite of their anger.

During mediation other professional services are sometimes needed. The Center maintains a wide network of consultants including accountants, lawyers, financial planners, career counselors, psychotherapists and child psychologists.

How Does Divorce Mediation Work?

In Divorce Mediation, a specially trained mediator will help you and your spouse work together to reach an agreement. Mediators help couples separate their spousal role, which is ending, from their parental role, which is continuing. Couples learn to evaluate their present financial condition and to provide for their future financial needs.

With the mediatorís help, agreements can be reached to handle both immediate and long range concerns. The mediator will focus on the relevant issues and help identify possible options. You will actively participate in the negotiations leading to reasonable solutions and a mutually satisfactory agreement that considers the needs of the family members.

The divorce mediatorís job is to help a couple arrive at a fair and satisfactory settlement, with no winner or loser. The mediator is not an advocate for either party and does not make any decisions. Instead, the mediator helps the couple explore all the options and their consequences. The mediator works to ensure that neither party gives away too much, nor dominates the other. Even though one party is more powerful or a better negotiator, the mediator helps balance the power.

Mediation is also for couples who do not have children or whose children are grown.

Will I Need an Attorney?

After mediation, an attorney case consultant will draft the legal agreement which becomes a binding contract. Most often each party then has the agreement reviewed by their own independent attorney before signing it. The agreement may then be used as the basis for an uncontested divorce.

What Points are Decided?

Division of Property

Parenting Arrangements

Child Support

Spousal Maintenance (Alimony)

Tax Implications





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.


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