Mediation – and divorce mediation specifically, is a good option for divorcing or separating spouses to consider when trying to come to agreements on decisions about the future. When children are involved, it’s especially important for parents to come to mutual agreements on issues regarding their children.
In general, cases that are mediated tend to lead to more compliance between couples that are splitting up. The reason is because the goal of mediation is to come to an agreement that both spouses support.
But just what is mediation, how does it work and what are the benefits? Here are answers to commonly asked questions about divorce mediation.
What is a mediator and what do they do?
A divorce mediator is a neutral third party that aids divorcing couples in coming to a resolution on the agreements of their divorce. Many times couples that are splitting up cannot come to agreements on their own about child custody, separation of assets, etc.
The job of the mediator is to help “mediate” so that the divorcing spouses can come to an agreement that is fair on these sort of issues.
Throughout the divorce mediation, the mediator will generally do the following:
- Facilitate communication between spouses. This way, each person gets a chance to speak without interruption.
- They will also asks questions when necessary so communication is clear between everyone involved.
- The mediator also explains how the law works to the parties involved in their case.
- They may also offer suggestions for resolution to the issues at hand;
- Additionally, the mediator can inform the parties about how attorneys or a judge could view their case based on the circumstances.
Mediation services are offered in San Antonio through the Bexar County Dispute Resolution Center.
How does divorce mediation work?
In general, the separating or divorcing spouses meet with the mediator in a number of sessions. Each session usually lasts just a couple hours in length.
First Meeting
Within the first meeting, the mediator is trying to learn about the issues that need to be resolved. They will hear about the issues that require discussion. He or she will also determine when each item will be talked about.
Additionally, the mediator is also going to determine what other information they need from the parties involved to properly mediate the case. This may include financial information, employment status, etc.
Above all, the first meeting is going to set the foundation for future mediation sessions, so it’s important to bring up all topics in this meeting.
Additional Meetings
In subsequent mediation sessions, discussions will happen revolving around compromise for each issue. The mediator is not on anyone’s side. Their job is to remain neutral and find a middle ground that each spouse agrees with. Depending on how many issues there are to discuss and how long it takes to come to resolution will determine the number of sessions required.
Coming to Agreement
Once both parties agree on all of the issues discussed in divorce mediation, the mediator will then prepare an agreement. The spouses will then review the agreement, along with their attorneys. If approved by both sides, then the parties will enter into agreement on resolution to their case.
Do you have to go to court after mediation?
Often the sole purpose of mediation is to come to agreement so that you do not need to go to court. When divorcing couples cannot come to agreement in divorce mediation, then they may need to go court to resolve their case.
But it’s important to note that this will always make a case more costly. If possible, resolving a case through mediation is the recommended option to try first before fighting in court.
How long does it take to mediate a case?
How long a mediation will take depends highly on how complex a case is. If there are many issues to resolve, then a divorce mediation may take longer.
On average, mediation can take anywhere from a few days to a month across multiple sessions. But when there is much to resolve or the issues are complicated, it’s not uncommon for mediation to last several months in time.
Can a mediator be used instead of an attorney to resolve my case?
While an experienced mediator can help bring resolution to issues in a divorce, they are not your legal counsel. For this reason, it is still recommended to work with an experienced divorce attorney to offer guidance along the way.
Often mediators are lawyers themselves, but since they are a neutral party, they cannot give you legal advice. Your attorney can, however. In addition, a lawyer can review any and all agreement documents to ensure you’re getting the best possible outcome in your case.
Mediation when you can’t stand your divorcing spouse
It’s all too real that sometimes you just can’t bear the thought of being in the same room as a former spouse. While working amicably with the guidance of a mediator generally leads faster resolution, it’s not uncommon for some people to find this challenging.
However, mediators are trained to help people work things out peacefully, even when tensions run high. While difficult, when you can see that mediation will benefit your future, it does help make negotiations easier to work through.
Additional questions about divorce mediation?
Divorce is rarely simple, especially when children are involved. We understand this and we want to help. If you have more questions about mediation or would like to speak with one of our divorce attorneys, we encourage you to contact us.
At our firm, we have a team of highly experienced legal professionals to help guide you along the way. We have helped many clients facing divorce in San Antonio achieve positive outcomes and can help you too.
