Mediation is a process where couples work with a neutral third party trained in conflict resolution and family law to reach an agreement on issues surrounding their divorce. These issues may include making decisions about marital property division, alimony, child custody and support, a family business or other issues unique to your case.
Although divorce mediators hail from different backgrounds from social or clergy workers to lawyers, it may be in your best interests to work with an attorney mediator well versed in family law to ensure all pertinent family law legal matters are addressed during the mediation process.
It is important to note that an attorney mediator will not take sides or give legal advice advocating either party’s position, but will bring their considerable family law experience to help couples negotiate an agreement after thoroughly considering all the relevant issues in your case.
If you are considering mediation, but are not sure if you and your spouse are good candidates consider the following:
- Was the decision to divorce mutual and are you and your spouse in agreement about most of the issues? Do you want to resolve any sticking points with minimal conflict? If you and your spouse see eye to eye on most issues, mediation may be a good option.
- Sometimes there is an imbalance of power in a marriage where one party concedes everything to the other simply to avoid conflict. It may be that there is a history of domestic violence or substance abuse putting one party in a defensive position. In situations like these, securing the help of an attorney to advocate for you alone may be a better fit. However, if you and your spouse are both able to stand up for yourselves, yet are willing to negotiate, mediation may be the right step for you.
- If you and your spouse are parents, do you both respect and support each other’s relationship with the children? When it comes to kids, it is very important for couples to be able to communicate and make decisions that are in the best interests of the children during mediation.
- Mediation requires that you and your spouse are willing to fully disclose all financial information. Do you believe that your spouse will be forthcoming? If you are confident that you and your spouse will share all financial information, reaching an agreement regarding property division with the help of a mediator will ensure that everyone gets a fair shake.
Contact a Certified Divorce Mediator
Mediation is not for everyone – it should be an informed decision with all parties willing to participate meaningfully. Executed properly, mediation can provide couples with a road map to compromise often resulting in a less costly and acrimonious divorce. If you have questions regarding mediation, contact our certified by the University of Wisconsin divorce mediator for more information at 414-210-3135.