If mediation is less expensive, less adversarial and faster, why doesn’t everyone choose mediation over the usual contested divorce? That is a fantastic question!
Some of the reasons cases can’t be mediated:
- There is a severe imbalance of power between the spouses;
- There has been a history of domestic violence;
- One spouse does not want the divorce and therefore will not cooperate; and
- Neither spouse understands that mediation is an option.
Your case can be mediated if:
- Both spouses agree to treat one another with mutual respect and courtesy;
- Both spouses are honest, and freely share all documents, material information and make a full disclosure about all assets and obligations;
- Both spouses are willing to sit down with a mediator to discuss the children’s needs, custody, visitation, assets and debts, support; and
- Both spouses are motivated to participate in the meetings, meaning that each one makes and keeps the appointments and timely brings the records and information requested.
If your case can be mediated, then the “Preparing for Divorce Mediation” guide is for you.
It is a relatively new idea that spouses can mediate their divorce instead of getting the traditional divorce.
Previously in the Preparing for Divorce Mediation Series: The Big Picture
Next in the Preparing for Divorce Mediation Series: Why Choose Mediation Over Going to Court?
Click here for a Full Summary of the Preparing for Divorce Mediation Series.