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Mark Abzug

How does mediation help in a divorce?

On Behalf of | May 3, 2023 | Divorce

Ideally, the divorce process is straightforward. However, certain factors could affect proceedings, requiring the court to enforce orders based on the circumstances.

Depending on the situation, the court could order mediation during the divorce. In certain states, it is a requirement. If not, the divorcing couple could request it.

Regardless of who asked for it, involving a mediator could help accomplish the following:

  • Impartially discussing divorce matters
  • Reaching a mutually amicable agreement
  • Resolving disputes through open communication
  • Keeping private divorce details confidential
  • Avoiding extensive expenses caused by conflicts

The mediation process gives the divorcing couple more control over the decisions regarding their affairs. Topics discussed during mediation could include property division, alimony, child custody and support.

Can a divorcing couple refuse mediation?

Mediation could only be relevant if both parties are willing to participate. If both they already agreed regarding these matters and refuse to undergo mediation, they could waive it by filing a marital settlement agreement at the clerk of court.

However, they could have no choice if it is a court-ordered mediation. If this case, they will receive an order of referral and a list of qualified mediators in the area. If both parties cannot choose a mediator off the list, the court’s mediation services could assign it instead.

Mediation typically ends with an agreement and an in-court hearing schedule. Still, the following steps after the process could vary, depending on the case’s details.

Mediation could be essential to your divorce

Mediation could be crucial to keeping a civil and healthy relationship with your ex after the divorce. By talking it out with a mediator, you might not need to fight further in court, making it easier to work together as co-parents.

Additionally, it helps divorcing couples minimize the time and expenses spent on the proceedings, so they can focus their resources on what is valuable: their family.