Divorce Mediator FAQ: What to Expect During Divorce Mediation

Divorce mediation is a process in which a neutral third party, a divorce mediator, assists a couple in reaching agreements on various aspects of their divorce, such as division of property, child custody, spousal support, and other related matters. Rather than going through the adversarial litigation process in court, couples can opt for mediation as a more collaborative and cooperative approach to resolving their differences. The divorce mediator facilitates communication between the spouses, assists them in identifying their priorities and interests, and guides them toward mutually acceptable solutions. The goal is to help the couple reach a fair and amicable settlement without needing a court trial. Mediation can be a more cost-effective and less time-consuming alternative to traditional divorce proceedings, allowing the parties more control over the outcome. Here’s a FAQ guide on what to expect during divorce mediation:

 

1. How Does Mediation Work?

• The mediator facilitates communication between the spouses, helping them identify and discuss their concerns and needs. The goal is to reach mutually acceptable agreements.

 

1. Is Mediation Right for Us?

• Mediation is suitable for couples willing to work together to find solutions. It’s generally more amicable and less adversarial than traditional litigation. It may not be ideal for cases involving domestic violence or extreme power imbalances.

 

1. What Should I Bring to the Mediation Session?

• Come prepared with financial documents, such as income statements, property valuations, and debt information. Bring any legal documents related to the marriage and children. You can also provide this information to the mediator prior the mediation appointment.

 

1. How Long Does Mediation Take?

• The duration varies depending on the complexity of the issues and the couple’s ability to communicate and compromise. Some cases can be resolved in a few hours, while others may take multiple mediation sessions.

 

1. Confidentiality in Mediation:

• Mediation is a confidential process. Information shared during mediation cannot be used in court, and the mediator cannot be called as a witness.

 

1. Role of the Mediator:

• The mediator facilitates the discussion, ensures both parties have an opportunity to express themselves, and helps them explore potential solutions. However, the mediator does not make decisions for the couple.

 

1. Cost of Mediation:

• Mediation is often more cost-effective than litigation. The parties typically share the cost of the mediator’s fees, and the overall expenses are usually lower than court-related expenses.

 

1. Legal Advice in Mediation:

• While the mediator can provide general legal information, the mediator cannot provide legal advice to either party. Each party should consult their attorney before, during, and after mediation to ensure they fully understand their rights and obligations.

 

1. Agreement and Finalization:

• Once agreements are reached, the mediator, if requested, can draft a comprehensive agreement. The couple’s attorneys may review the agreement before it is filed with the court.

 

1. What if Mediation Fails?

• If mediation is unsuccessful or the couple cannot agree on specific issues, they may need to pursue alternative dispute resolution methods or resort to litigation.

 

Each divorce case is unique, and the mediation process may vary based on the circumstances involved. It’s essential to consult with a qualified mediator to get personalized advice for your specific situation. If you need mediation or other family law services in the Kansas City metro area, Nathalie Elliott with Levi Craig Family Law is here to help. Nathalie is an experienced mediator and offers a child-centered, family-focused process intended to reduce the stress and tension of the divorce process as much as possible. Call us at (816) 454-7474 to start the process, or click here for other contact methods.