If a couple wants to end their marriage but cannot agree on all aspects of the split, mediation may be the answer. During this proceeding, couples and their attorneys work with a neutral third party, known as a mediator, to arrive at satisfactory compromises so they can keep their case out of court. While every divorce is unique, mediation generally comprises the same basic stages.
The 5 Stages of Mediation
1. Introductions
During the introductory stage, the mediator will review the facts of the case to identify the most pressing issues that need to be addressed. Both parties should be prepared to share background information with the mediator so the case can proceed.
2. Information Gathering
During this stage, each party presents documents that will move the case forward. For example, if the couple cannot agree on a fair alimony arrangement, they will both submit financial records for the mediator to review. However, keep in mind that it’s not the mediator’s job to order any kind of arrangement after evaluating the information presented. Their sole purpose is to help the couple arrive at a reasonable agreement of their own.
3. Framing
Once the mediator has a clear understanding of the situation, they can help each party understand the other’s needs and interests. This, in turn, will hopefully prompt compromise. Framing sessions can be held with both parties in attendance or with each one individually. The best approach will ultimately depend on their willingness to cooperate and the extent of any sensitive information discussed.
4. Negotiating
Negotiations will follow the framing stage. For mediation to be successful, both parties must be transparent about their respective situations during the negotiations. If your spouse fails to disclose any assets, for example, or you neglect to mention the fact that you’re moving in with your new partner, it will only complicate the proceedings.
5. Concluding
If the couple can resolve all their disputes during mediation, a settlement agreement will be drafted during the concluding stage. Make sure to review this document line by line with your attorney before signing it, though. You’ll want to ensure that it contains all the terms to which you agreed.
For help navigating divorce proceedings, including mediation, turn to Bates Law Firm PLLC. Located in Wadesboro, NC, this practice has origins dating back more than two decades. Today, it’s led by attorney Aaron D. Bates, who is well-versed in all aspects of divorce. He also assists clients with DWI defense, car accident claims, and medical malpractice. To learn more about his services, visit his website. To schedule a consultation, call (704) 694-0195.