Even if you constantly disagree with your soon-to-be-ex-spouse, you do not have to fight during your divorce. For some people, mediation can be a great alternative to going to court.
While every mediation will be slightly different, the process follows this outline.
Before
Before you begin mediation, you should speak to the person helping you through this process and explain your background, marriage, family and anticipated disagreements. Filling out online questionnaires can help you get an idea of the information you will need. Then, you can create a mediation statement providing the necessary background information and any issues you will need to resolve. You may also have to sign a confidentiality statement before beginning mediation.
During
You will likely have to attend in-person meetings in a conference room or office during mediation. Sometimes, you will converse in a group setting, while others may have private sessions separate from your spouse. The mediator will also likely want to speak to both spouses and their legal representation separately at the beginning.
At the beginning of your session, you and your spouse can make a short statement about your situation. Then, the mediator will ask each of you questions to get a better understanding. Ultimately, they will repeat their knowledge of what you both want.
Completion
When you finish your discussions, your mediator will write a summary of your agreement, including parenting plans and schedules. However, this agreement will only include the things you could agree on, and the court will handle anything you could not civilly resolve in these meetings.
If the court approves the agreement you and your spouse come to, it will be part of your divorce decree. That means you can enforce it just like any other court order.
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