The Law Office of David A. Carroll

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Stages in the divorce mediation process

On Behalf of | Apr 17, 2021 | Divorce Mediation |

Divorce mediation allows parties in Florida involved in divorce proceedings to avoid litigation while reaching agreements for key divorce-related issues. Examples of these issues include spousal support and child custody. When used correctly, this dispute resolution tool can save money and time for divorcees.

Divorce mediation defined

The people involved with the mediation process may include both parties to the divorce, their legal counsel, and a third-party mediator. The mediator’s goal is to help couples find a solution to any issues that may become points of contention during a divorce. The mediator acts only as an objective third party during mediation sessions and will not guide or make decisions. A mediator may suggest solutions or voice an opinion, but both divorcees must decide on any agreements reached during mediation.

Divorce mediation process

A first mediation session will begin with a brief introduction from the mediator. The mediator will also provide a brief explanation of their duties. Once completing the introduction, both parties will likely receive time to voice their concerns. The mediator may meet with divorcees together or separately to set the framework for the remainder of the process.

Each spouse will have a chance to fully explain the reasons for their demands during the framing stage of the mediation process. Spouses should take advantage of this time to discuss the goals, priorities, and individuals concerns they possess that may affect potential agreements. Once the framing stage of the process is complete, the mediator will help the sides navigate the negotiation process.

Once successful negotiations become complete, the drafting of a tentative agreement can take place. This tentative agreement then becomes available for both spouses and their lawyers to review. Many mediators are also practicing attorneys who can draft settlement agreements for the divorcing parties to sign.

No one agrees to a marital union with thoughts of divorce in mind. But divorce is an unfortunate reality for about half the couples in America. Individuals contemplating divorce may find it easier to protect their interests by speaking with an attorney as early in the process as possible.