Before selecting a divorce mediator, it’s important to know what he or she does. A mediator can present a variety of options to the parties, but cannot give legal advice. In this situation, it’s up to each party to evaluate the options and decide how to proceed. A good mediator will help both parties reach a reasonable agreement. However, the best results don’t happen without a healthy amount of compromise. The divorce process is difficult enough without adding more layers to the equation.
Before a divorce mediation session, the parties should meet with the mediator and discuss the issues. They should review the ground rules, such as what’s acceptable and unacceptable. If both parties are willing, the mediator will ask both of them to sign a written agreement. The mediation agreement outlines the rules of the process and also governs the relationship between the two parties. Unlike litigation, the information shared during a mediation session is not discoverable during the divorce process. It’s important to understand the rules, as these can prevent you from misunderstanding the terms of the agreement.
Once a divorce mediator is hired, the parties must agree on a process. This will be the basis of the settlement agreement. The mediator will take care of housekeeping issues such as contacting witnesses, arranging for transportation, and determining who’ll pay for the divorce. The mediator will ask questions to clarify issues, get more information, and summarize points to make sure both parties understand them. Afterwards, the mediator will help them identify areas of disagreement and agreement.
The first meeting will lay the foundation for future mediation sessions. The parties will discuss the various issues of divorce and prepare a balance sheet. For example, if the couple has children, they’ll discuss child custody, child support, and spousal maintenance. It’s also important to bring financial statements and tax returns, as well as other relevant information. The mediator can then guide the process from there. If a couple is not satisfied, the mediator can suggest a solution.
A divorce mediator should be experienced and have a good reputation. A mediator should be compassionate and interested in the well-being of the family. He or she should have a great rapport with both sides and be able to understand the complexities of the situation. In addition, a divorce mediator should be willing to answer questions regarding the costs of the mediation. In addition, the fees should be affordable for both parties. It’s also important to choose a good person. A good mediator should be available 24 hours a day, including weekends.
Choosing a divorce mediator should be based on your needs and budget. When choosing a divorce mediator, keep in mind that the goals of the process are to find mutually agreeable decisions, so a professional mediator should be able to facilitate that process. Some divorce mediators require a retainer before negotiating with a couple. If you’re hiring a freelancer, be sure to check their experience and specialization.