Divorce Mediation is one of the most frequently used methods of negotiating a settlement when couples make a choice to end their marital relationship and to settle their disputes in a cooperative, impartial setting where they can openly communicate on all issues. It is a voluntary, flexible, and confidential dispute resolution process that centers around you and your soon to be ex-spouse deciding your own divorce and what is best for the both of you and most importantly, your children.
You and your spouse meet with a Supreme Court Family Mediator who helps you work through the issues you need to resolve so the two of you can end your marriage as amicably and as cost effectively as possible. Unlike hiring a lawyer to represent you, a mediator does not work for one party or the other and remains completely neutral throughout the process. A mediator does not make any decisions but facilitates discussion and assists both parties in reaching a mutually acceptable agreement regarding some or all issues of the divorce.
It is the mediator’s job to keep the lines of communication open, to encourage the brainstorming of ideas, to assist the divorcing couple in formulating ideas, to reality test the couple, to teach empathy, and to assist the couple in their decision-making process. The open and free exchange of information enhances both spouses’ ability to negotiate with each other in confidence. During the negotiation process, the mediator helps keep the couple focused on the issues at hand, assisting them to stay on track. Both spouses are working with the same base of information, so it usually takes far less time to negotiate a resolution that makes sense to both of them.
Mediations can be conducted weekly, every two weeks, monthly or how ever often the couple wants to meet. This is their mediation and the parties decide for themselves which decisions best meet the needs of the whole family. The possibility of financially costly litigation and emotionally disruptive animosity is greatly reduced. Mediation is about working together, doing things in the best interests of the family, and focusing on being able to be civil to one another and to co-parent your children for years to come.
What are the benefits of Divorce Mediation?
-The process is confidential, private, and conducted behind closed doors with no public record of what goes on in the sessions.
-It has the greatest potential to minimize the negative and destructive consequences of a divorce.
-Other professionals can be involved (attorneys, financial advisors, therapists, and divorce coaches) who are qualified to best help map out a resolution that supports the goals.
-The process supports a cooperative, rather than competitive, process for reaching decisions.
-It promotes better relationships through cooperative problem solving and improved communication skills.
-Most end in a settlement of all of the issues.
-The process enables couples to dissolve their marriage using an interest-based approach while remaining in control of the process. The couple, not the court, can control the process with an impartial facilitator.
-It allows the parties to decide for themselves instead of other professionals which settlement provisions best meets the needs of the whole family unit in the present and future.
-The process encourages creative resolutions to be reached.
-It encourages couples to arrive at a resolution based on their own ideas of what is fair, rather than having a solution imposed based on rigid and impersonal legal principles.
-The process is less expensive than other alternatives to the divorce dissolution processes.
-It focuses on the children as the primary goal instead of a litigious process that can keep parents in high conflict.
-The process can improve communication between the couple which helps to avoid future conflicts.
-It can save legal fees because it often takes less time than matters that proceed in court.
-The process discourages the escalation of anger, which leads to actions destructive to all family members and delays the dissolution of the marriage
-It can save legal fees because it often takes less time than matters that proceed in court.