In mediation, you and your spouse work with a mediator to negotiate legally bind divorce agreement. If mediation is successful, agreement will be the one that you and your spouse will stand by after it has been signed.
Mediator’s job actually is to structure mediation in a manner which optimizes the chances of negotiating a successful divorce agreement. The key difference between one-on-one negotiation and mediation is the structure, or organization, offered by a mediator. Due to this reason, mediation often is referred to as a structured negotiation.
The Structure of Typical Mediation
Mediation includes five stages, usually. These stages occur in sequence usually, although sometimes you’ll cycle back through the earlier stages prior to reaching an absolute agreement on all the issues. Most of the divorce mediations take many sessions to complete these five stages, but, because of the different issues— debt allocation, property division, alimony, child support, and custody —which should be addressed and amount of information which should be collected.
The 5 stages of typical mediation include:
- information collection
Using Laws in Mediation
You might wonder where the laws fit in since divorce is a legal event after all. What about your own legal rights to the property? What about laws governing child custody, support, and other lawful issues? Are not these important?
One of the best features of mediation tends to be that you and your spouse are allowed to decide what is best for you, although it is different from what laws offer. There are some things you cannot agree to legally —like giving up your right to get child support—however, they are unusual. Other than few exceptions, you’re free to make any agreement that is most excellent for you. But, being free to choose the terms of settlement do not mean that legal rules are not important. If you wish your agreement to endure test of time, then you must know how does it compares to exactly what the law will state. What are your own legal rights? Which are you compromising? And do you have any good reason to compromise them? How your overall agreement compares to the probable result if you go to court? Asking these questions—and getting the answers—will guide you through negotiating the right settlement for your divorce.
How to learn regarding the specific laws that pertain to your divorce case, and how you should include consideration of legal problems in your negotiation, depends on how the mediation is structured. The mediators differ in their approach, so it’s something to raise for you in the first session itself.
Finding and Using Consulting Lawyer
You might find it very useful to consult with divorce lawyer San Diego during the mediation occasionally. A good lawyer can help understand your legal options early on so that no surprises are there during your mediation. Your divorce lawyer San Diego can guide you through the whole negotiation process and help you assess your available options as mediation progresses. And the lawyer can even review your divorce agreement whenever you finally reach the settlement.