Most divorces end up in battles especially when issues such as property division and child custody come into play. Nevertheless, a divorce process does not have to be confrontational because it can be handled peacefully through mediation.
Divorce mediation is largely an out-of-court resolution mechanism that helps the divorcing couples to solve their issues sensibly. It entails a couple of steps. Here are the basic steps of the divorce mediation process.
1. Introduction Stage
To initiate the divorce mediation process, the divorcing spouses have to find a non-partisan mediator to work with them through the process. The mediator will first work with the couple to set guidelines for the mediation process. Here, the divorcing couples must furnish the mediator with all the relevant information concerning their situation. The mediator will then explain to the couple how the process will be conducted. Based on the issues surrounding a couple’s divorce case, the mediator will suggest which approach to take in a bid to increase the chances of the couple agreeing on important issues concerning their divorce.
2. Private And Joint Sessions
After the introduction stage, several private and joint sessions are scheduled to take place, whereby the mediator will assist the divorcing couples to evaluate issues touching on their divorce case. During these sessions, the mediator must promote a peaceful and conducive environment where all parties can freely express their concerns, ideas, and needs.
Private sessions are meant to offer each party in the divorce case a chance to discuss sensitive emotional elements, issues of domestic abuse and other sensitive issues of the couple’s divorce case. The mediator must keep the information disclosed by the couple during these sessions completely confidential.
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3. Framing Stage
In this stage, the mediator helps each party outline their preferred outcomes in the mediation process. The outcomes consist of each party’s priorities, values, goals, and concerns.
This stage is crucial for identifying the interests of the parties, which is also essential for enabling the mediator to frame the main goal of the mediation process.
When it gets to divorce, all issues ought to be examined from an angle of each party’s interests. Some of the issues pertinent to divorce include child support, alimony, debt division, and child custody.
4. Negotiation Stage
After the mediator has helped the divorcing couples to explore and frame their issues and interests, the negotiator then embarks on the most important stage of divorce mediation: the negotiation stage. Here, the mediator will delve into the specifics of the parties’ interests and concerns. Most importantly, the mediator will help the parties negotiate a fair settlement. This normally starts with exploring all the possible options that will have the best outcome for all parties.
5. Conclusion Stage
After all the issues have been resolved and agreements arrived at, the mediator then presents each party with a copy of the agreement draft. Once the couple has agreed to the contents of the agreement draft, they can preserve it and give it to their divorce attorney as proof of the final divorce judgment.
Divorce mediation has proved to be the most peaceful way of handling divorce cases. If you are facing an impending divorce case that risks escalating things between you and your partner, it is time to get a good mediator who can help mediate your divorce process peacefully and amicably.