Choosing mediation to settle the terms of your divorce is often a good alternative to settling your divorce with litigation and a trial. A mediator is a neutral party and a facilitator, one who will work collaboratively with both parties to come to a mutual agreement in the terms of a divorce.
During this process, the mediator will prepare a Memorandum of Understanding and present this to both sides. This agreement can then be incorporated into a Formal Marital Settlement Agreement.
Be prepared for mediation
Because a mediator is a neutral party, clients are encouraged to have legal representation during the mediation process to ensure a fair and reasonable resolution of their issues. There are some things you can do ahead of time to be prepared for your mediation session:
- Gather and organize your financial information. Know the value of your assets and the details of your financial picture.
- Do your homework. Have a checklist in hand and know what you want out of the process.
- Learn about how the process works and what your rights and responsibilities are.
- Keep your emotions in check throughout the process.
- Be prepared to negotiate and willing to compromise.
- Take an active role in the process.
Mediation has many benefits. It allows clients to be more actively involved in the settlement process which in turn gives them more control over the outcome. Additionally, by avoiding a trial, mediation can save time and money and is traditionally more private since the information isn't a part of public record. Mediation is often a successful way to reach an agreement in a divorce. With low conflict, it's a less stressful way to ensure a positive outcome.