Divorce Mediation Process
The divorce mediation process includes:
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Choose your mediator
Choose a mediator that is a good fit for the both of you. Make sure they have experience and expertise with divorce mediation. Furthermore, check reviews to make sure they have a good reputation online. KeepOutofCourt has a great guide on how to choose a mediator.
You can easily search Google for divorce mediators in your local area by searching “divorce mediation near me”, or if you know anyone that has used divorce mediation in the past, ask them for referrals.
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Meet your divorce mediator and provide information
Meet you mediator and provide background information. The information-gathering stage of divorce mediation usually involves both spouses attending the meeting to go over outstanding issues. The mediation will take place in a setting that will be more comfortable than the court. At the first meeting, the mediator will explain the process.
At this stage of the process, the mediator beings discussing different rules and laws that might apply to your case but is not allowed to give you legal advice.
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The divorce mediator identifies needs and interests
It’s the job of the mediator to identify the needs and interests of both parties so they can find a resolution that addresses all issues. Sometimes individuals’ interests overlap but it is the job of the mediator to find a common ground where spouses can compromise to reach a fair settlement.
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Attend additional divorce mediation meetings
You may have to attend additional meetings if you and your spouse have a complex case involving division of assets or custody (legal decision making). In cases like these, it is not uncommon for spouses to hire an outside financial expert to make sure each spouse understands the financial consequences of their decisions. Additional meetings will likely be used for financial mapping or parental planning.
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Compromise and negotiate to reach a divorce settlement
Now that the mediator understands your needs and interests, it’s time to negotiate a fair settlement agreement. You and your spouse will evaluate and discuss different option produced by the mediator until you narrow down which ones work best for both of you. The mediator will try to find a settlement option that addresses each spouse’s needs and interests as much as possible. Negotiation will require concessions and compromises on both sides.
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Prepare Tentative Settlement Agreement
You mediator will put your tentative settlement agreement into writing and give to both spouses so they can review it with their advisors.
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Mediator prepares final documents for court
They will then prepare a memorandum (if your case is simple) that will summarize the critical points of the settlement agreement and is normally used to prepare the formal agreement.
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File documents with court
Your mediator will prepare the formal settlement agreement and file it with the court as an uncontested divorce.
According to DivorceNet, “Many mediators, especially those who are also lawyers, will prepare the written settlement agreement that will be filed with the court. However, you should also have a lawyer of your own look over the draft agreement on your behalf.”
Like any process, family mediation only succeeds if you work diligently through it. Mistakes along the way can derail you quickly, and make recovery difficult. It is not a magic bullet that works regardless of what you do.
Speak with Our Divorce Mediators in Phoenix, Arizona Today
While the divorce mediation process is not for everyone, it can save you money, stress, and hassle. Speak with a professional divorce mediator to find out if divorce mediation is right for your family.
Let us show you how divorce mediation can be a perfect solution to allow you to end your marriage today without ending your family.
If you’re ready to start your consultation with Ogborne Law, visit our Mediation Consultation request page.
Ogborne Law can help with divorce mediation in Phoenix, Arizona, and surrounding areas. Our law office is located at 5020 E Shea Blvd Suite 240, Scottsdale, AZ 85255 inside the Paradise Valley Plaza.
Let us show you how divorce mediation can be a perfect solution to allow you to end your marriage today without ending your family.
Engaging with an attorney to protect your family is never an easy step. Whether you need to protect your family from the unthinkable or restructure your family through collaborative divorce, we’re here to help. When you’re ready to schedule a consultation with Michelle Ogborne, please visit the scheduling page to get started.
