It is natural if you and your spouse are dreading the thought of taking your divorce to court. A courtroom battle adds a ton of stress to an already difficult process, plus it can become very costly. Using a more collaborative method like mediation may help you avoid the worst aspects of a courtroom setting because of the services of a mediator.
Going to mediation means you work with a professional mediator who will help you and your spouse arrive at a final agreement. A mediator is a neutral individual, meaning you can have confidence that the mediator will not have a bias against you. Money Crashers explains that a divorce mediator can fulfill the following actions during mediation.
Facilitate talks and encourage solutions
Mediators are aware that divorces can be tense, so whoever mediates your divorce should help you and your spouse communicate while avoiding strife that could cause the two of you to cut off talks with each other. Your mediator will steer you away from name-calling and casting blame. If misunderstandings arise, your mediator will attempt to clear up matters so the session can continue.
A mediator cannot offer legal advice, but he or she can help you find legal information so you can understand legal questions relevant to your divorce. If you and your spouse know how the law looks at your divorce, it could help the two of you to conceive solutions. Your mediator may take other actions to help the two of you solve disputes without showing any favoritism.
Draft your divorce settlement
Once you and your spouse have resolved all of your issues, your mediator can create the final agreement. Since a court will have to accept your divorce agreement for it to go into effect, a professional mediator will make sure that your document is legally acceptable. This will help ensure that the work you and your spouse have put into mediation will not be in vain.