What are the Stages of Divorce Mediation

In divorce proceedings, there are five stages through which mediation progresses. It is important to remember here that the mediator will not provide you with legal advice but will simply attempt to set the spouses involved on course to making a decision on several sensitive issues such as alimony, child custody and support, and division of assets with their Fort Lauderdale, FL divorce lawyers. Both sides can have their lawyers present during mediation.

Introduction

This stage is the foundation on which the mediation will progress. In this stage you will give the mediator information on issues you have with your spouse. The mediator will explain how the mediation will take shape and in what manner those issues would be handled. The mediator will also inform you of the rules that will be applied during the process.

Information Gathering

This stage lasts for two or more sessions. The mediator will explain the legal rules that are applied while settling division of property and debts, child custody, alimony and financial instruments like bank accounts, taxes, insurance, and other related issues.

You must provide the mediator with copies of all your financial documents such as tax returns, insurance policies and bonds, to name a few. If you are unable to trace a document the insurance provider might suggest ways of getting hold of the document. For instance, if you cannot find a particular policy the mediator might ask you to contact the broker. Your Southeast Florida divorce attorney can also provide you with certain invaluable legal insight during this stage.

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Framing Stage

In this stage the mediator will want to know each spouse’s goals, concerns, and priorities. Most importantly, the mediator will want to know reasons why the spouses want to settle certain issues in a particular manner. He or she will attempt to determine your ‘needs and interests’ so that a solution can be found without either spouse having to compromise much.

The main issue here is to get to identify the interests which, if relinquished, will not impact the spouses in a fantastic way. Often times when it comes to children their interests will overlap and here the mediator will point out aspects that can be compromised to come to a settlement. According to Fort Lauderdale, FL divorce lawyers, these sessions are held separately with each spouse but there are some mediators who believe in joints sessions with all the parties including both legal professionals present.

Negotiating

Once the issues in the divorce as well the interests are laid out, negotiation begins. Here the mediator will provide each spouse with several options to solve the problems following which they must discuss and decide which option serves both their interests best. 

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Conclusion

In this final stage the mediator will draft a memorandum which is a sort of a tentative agreement covering all the points that were agreed upon. Then this agreement will be circulated among parties to see if everything is in order. After which both the spouses will sign the memorandum and leave the mediation. The final settlement will be a replica of this memorandum. This settlement will be filed in the court as an uncontested divorce settlement.

If you wish to file a divorce petition, it would be prudent to seek help from a divorce lawyer in Southeast Florida along the coast. There are many challenging issues when it comes to divorce and family law, and a terrific and game winning legal counselor can help you see the light during this dark period of your life.