Most of the mediations go through a series of five main stages—not in this order necessarily, and a few of them might be repeated at different points during mediation. Your mediation might be different, but below are basics of every stage.
In the first stage, mediator works with your spouse and you to lay foundation for rest mediation. You provide the mediator with background information and details about your condition, and mediator explains how mediation will be performed. Depending on how you and your spouse converse and what the problems are there in your case, mediator suggests the best approach which should optimize the possibilities of reaching a fair agreement. You will assess the problems on which you and your spouse agree or disagree, assisting you to work on an agenda together for rest of the divorce mediation.
Information Collecting Stage
For mediation to become successful, your spouse, you, and the mediator should be as much informed as probable about facts of your divorce case. This is called the information collection stage. Sometimes it starts during first session; sometimes after that session. In case, the information which you and mediator need is not available or is in dispute; mediator will attempt to help you figure out ways to get them or to decide what is correct.
During this specific stage, the mediator might first start to discuss general legal rules which may apply to your divorce case. Mediator will ask you as well as your spouse to get financial documents like tax returns and mortgage and bank statements. As you move on, the mediator will sum up the information being collected.
In the framing stage, mediator helps every spouse outline that individual’s reasons for wanting some outcomes in settlement. These reasons contain individual concerns, values, goals, and priorities. They are referred to often by mediators as “interests and needs.” Here, we used a broader term “interests.” Recognizing interests helps to outline the core aim of the mediation: figuring out a resolution of issues that addresses every spouse’s most imperative interests successfully. In most of the divorces, lots of issues should be examined in the light of every spouse’s interest. They include debt and property division, child support, child custody, and maintenance.
Once the mediator has helped spouses frame the interests and issues clearly, it’s time to negotiate acceptable settlement. This generally begins with exploration of options. With mediator’s help, spouses discuss and assess the options, until they eventually narrow down all the options to ones that work most excellent for both spouses. Reaching to the final options will include concessions and compromises on both sides.
In the concluding stage, the tentative agreement of settlement is put in writing and dispersed to both the spouses for evaluation with their own advisers. If the problems in your divorce case are straightforward, the mediator might prepare a memorandum which outlines your settlement agreement and provides you with a chance to sign it prior to you leave mediation session wherein you finished your negotiating. Though mediators will prepare written settlement agreement, you should have a divorce lawyer San Diego look over the agreement for you.