Mediation
Divorce mediation is a process where separating parties come to a divorce or separation agreement with the help of a neutral third party - the mediator. Typically, the mediator - who does not represent either party - will meet with the parties together, facilitate communication where necessary, help the parties articulate their goals and creatively resolve the issues before them. Assuming the parties reach an agreement in mediation, generally the mediator will draft the agreement for them.
In mediation, parties have the opportunity to negotiate their own settlement rather than have one imposed on them by the court. The parties stay in control of their own divorce or separation. Mediation works for parties who can take advantage of the fact that they know how they want their lives to look. For parties whose shared goals are to separate with dignity or to build a solid post-separation working relationship where there are children, mediation probably provides the most direct way of resolving their matter.
Mediation can be a very important tool in your attorney's repertoire in helping you to finalize your divorce. Simply because you and your spouse choose to avoid traditional litigation does not mean that you should resolve your differences without the help of having an attorney by your side to ensure that matters are properly negotiated and finalized. While all mediators have different procedures for helping you navigate through the process, at the very least you should have your own attorney review any and all documentation prior to executing a final settlement agreement. An attorney can also help you review offers of settlement and guide you as to what the final settlement should look like for your benefit.
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