WHAT IS PRE DIVORCE MEDIATION?
OVERVIEW
Pre divorce mediation still feels
like a new idea in some parts of the country, but it's
increasingly well known and widely accepted. This process begins
with the couple acquiring the services of a counselor who agrees
to act as a mediator. During mediation the couple sit down in
the same room with the mediator and openly discuss the future of
the marriage. If reconciliation is not an option then the
mediator will help the couple negotiate the terms of the
divorce.
Pre divorce mediation is flexible and confidential. It gives
you and your spouse a way to settle the conflict between you,
which is natural and inevitable, in a way that helps you to work
together during and after your divorce.
The mediator remains neutral between the husband and the
wife. The role of the counselor is not to act as a lawyer but
rather as an independent party who can relay information and
verify communication equally to each party. The mediator can
point out in open session things that each spouse should be
aware of about what they're trying to accomplish. This open and
free exchange of information allows both spouses to negotiate
with each other in confidence. Because both spouses are working
with the same base of information and toward the same goal this
process is less costly and takes less time.
The mediator cannot give legal advice. The agreement is not
final until you both agree, so no one needs to be concerned with
being committed to an agreement they are not comfortable with.
When a preliminary agreement is reached an attorney is brought
in to formalize and file the divorce decree in court.
Pre divorce
mediation works because everyone, the couple,
the mediator, and the attorney all share the same goal, which is
resolution—resolution with the least amount of anger, pain, and
conflict.
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