Mediation is a collaborative process, known as alternative dispute resolution, in which the two parties dissolving a marriage work with an impartial mediator. Mediation provides more control to the couple going through the divorce. By contrast, divorce litigation is an adversarial process that typically results in a judge making important decisions that impact families.
Instead of letting one’s lawyer negotiate for them or letting a judge make a decision, mediation offers people in conflict a way to work together to make decisions that resolve their dispute. While it is not necessary for people to agree on all issues for divorce mediation to be successful, it is vital that people are willing to work together to find solutions to contentious issues.
This approach to conflict is based on a simple premise: the people ultimately in the best position to determine the wisest solution to a dispute are those who created and are living with the problem. Although they will likely need support to help them find a productive and constructive way to work together, to understand their conflict and the possibilities for resolving it; they hold the key to reaching a resolution that best serves them both.
The divorce mediator’s role is both active and interactive; working together with the parties to resolve their dispute by discovering collectively what lies at the heart of their dispute. The mediator does not make decisions for either party. Rather, the mediator is a neutral guide who provides information and moderates dialogue between the two parties. Ultimately, the mediator’s job is to help both parties reach a mutual agreement.
An experienced divorce mediator will facilitate communication between both parties to make for smooth negotiations. You can trust a skilled mediator to help you resolve your separation with equity and dignity.
Mediation is regarded as providing better opportunity for control over the conventional factors that are discussed in marriage dissolution, such as child custody, spousal support, and property division.