| What is Mediation? Generally, mediation is a process through which people who have disputes can reach agreements with the help of a neutral third party called a mediator. How can Mediation be used in a Divorce Situation? Divorce Mediation allows you and your spouse the opportunity to reach what each of you believe to be a fair settlement agreement in a less adversarial atmosphere in which you both have control over the process and are assisted by a trained neutral third party. Mediation gives you Control over the process. Instead of following a Court calendar or an attorney’s schedule, you, your spouse, and the mediator can schedule mediation sessions that fit your schedule. They may occur in the evenings and on weekends. Also, you help set the pace. There is no set time schedule. The mediator can watch for signs of fatigue and emotional overload and can call for a break or halt to a particular session to give you time to recharge. You will have time to carefully consider decisions that need to be made and you will have the time to gather all pertinent information. Mediation is Confidential and Private. This gives you the opportunity to explore creative solutions to issues involving how you wish to structure a fair settlement agreement. When Children are involved... Mediation is a wonderful way for caring parents to put the needs of their children first as they struggle with redefining their parenting roles that will continue post-divorce. Customized child support, visitation, and custody solutions are possible rather than simply relying on the decision of the Court. Mediation can also allow for child custody issues to be readdressed in an atmosphere of parental cooperation as the needs of children change over time. Mediation Saves Time and Money. When a couple engages in mediation early in the separation and divorce process, they can quickly identify areas of agreement, areas of disagreement, and areas where more information is needed. The mediation process should help them to work more efficiently and effectively toward a settlement that meets both their needs. Also, the couple can agree to return to mediation as new issues arise or circumstances change. Who participates in Mediation? At a minimum, the mediator meets with the two parties involved in the situation. Others may attend depending on the comfort level of those involved. Attorneys representing each party sometimes attend mediation sessions. Other professionals may be called in if there is an agreed need for their expertise. Agreement of all concerned is necessary for any person to be present at a mediation session. Important Reminders: Mediators, even mediators who are attorneys, cannot give you legal advice. A mediator’s job is to assist you and your spouse in arriving at a settlement that you both agree meets your needs. An attorney’s job is to make sure that your legal rights are protected. A Mediated settlement agreement is not a Court Order. Divorce mediation results in a letter of agreement. If the parties wish to make this a legally binding agreement, they need to consult with their attorneys to do so. Mediation can be used in a wide variety of family dispute situations, not just divorce. Give Greenville Counselors a call at 252-756-3433 to set up a time for a free consultation if you would like to learn more about Divorce and Family Mediation. |