If you and your spouse are divorcing and cannot agree on the division of your assets and debts, there are alternative ways to negotiate an agreement without having to go to a trial. One of those ways is through mediation. According to DivorceNet, the attorneys who represent you and your spouse will choose a mediator.
The court can also appoint the mediator. The mediator can be a licensed attorney, licensed psychologist, licensed professional counselor or licensed marriage counselor. Usually, the mediator will be a licensed attorney who specializes in mediation and is knowledgeable in the area of family law. The parties and their attorneys must attend the mediation session or sessions. The goal of mediation is to arrive at a settlement that will be binding on both the husband on the wife.
The mediator is a facilitator who helps the parties in arriving at their settlement. The mediator will address all of the issues that the parties cannot agree on, such as division of assets, division of debts, pensions and other retirement accounts, child support, spousal support and parenting time. Only the parties and their attorneys are present at the mediation. Generally, other people are not allowed to attend.
Each attorney will prepare a mediation summary, which addresses all of the issues that the mediator will deal with. The summary will also contain what you see as a fair and equitable settlement. Sometimes the parties and their attorneys meet together in one room. Sometimes you and your attorney are in one room and your spouse and his or her attorney are in another room. This is dependent upon the individual circumstances. The mediator will explain the process and address your concerns and the differences in the two mediation summaries. Communications with the mediator are confidential.
