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Are you and your spouse having trouble seeing eye to eye on a few lingering issues, but have come to agreements on most of the rest of the details of your divorce? It could be that it is your spouse’s wish to put the family home up for sale and split up the cash, while you are looking to wind up with full ownership of the home, instead. Perhaps you just can’t come to an agreement on how to handle the custody of your child or children. If you have thought about the fact that a little bit of outside help could encourage moves in the right direction, then the option of mediation may be just what you need. With an unbiased third party helping out, you and your spouse should be able to arrive at an agreement and hash out the final details of your pending divorce case.
The Mediation Process: A Deeper Understanding
Mediation is an excellent conflict resolution tool that can be a great way to steer you and your spouse to mutually-agreeable resolutions when dissolving your marriage. In the event that you make the choice to go into the mediation process, the trained mediator will help you and your spouse dig into the root of the problems in your dispute and get you more quickly to a fair resolution. As the impartial third party, your mediator is powerless as far as imposing any decisions on either party in the process. Contrariwise, the trained mediator’s role is limited to positioning themselves as an intermediary and a liaison. The resulting arrangements that get decided during mediation are fully in the hands of the divorcing spouses. The mediator is only in position to help encourage conversations in a positive direction.
Why Should I Opt for the Mediation Route?
Mediation can be a phenomenal tool when you are experiencing difficulty coming to agreements on critical decisions in your divorce matter. You and your spouse could opt for the mediation route for the following reasons:
What Does the Mediation Process Entail?
Now the two of you have opted to go ahead and try to resolve your disputes via the mediation process. You may be wondering what you should expect from this process? What could you be expected to bring to the table to help find solutions? What does the process of mediation generally entail? Below, you will find a brief overview of what you can expect during the mediation process in your San Bernardino divorce.
Picking out The Right Mediator for Your Case: So you and your spouse have opted to give mediation a shot. This is a wonderful first leg on the journey to achieving mutually-agreeable resolutions to the issues that have come up in your divorce. The next stage will involve selecting a certified, trained mediator to help get you through the process. A good divorce attorney should be able to put you in contact with excellent mediators in San Bernardino and can assist you in picking out the one that is best for you.
Getting Prepared for Your Mediation Process: Now that you have chosen a mediator and set a date for the dispute resolution procedure, you should start preparing yourself. This preparation should entail creating an outline of the issues that will be discussed and round up your evidence to support the outcome you believe you should have.
The First Meeting: The mediator will call an initial meeting at the commencement of your programmed mediation session. To introduce the process in this initial meeting, your mediator will give you both a run down of all the guidelines that should be followed during the day. Also, he or she will reiterate the fact that what happens in the mediation session is privileged. Your mediator will also inform you and your spouse of what mediator’s role is in the process, which is to help move you towards a mutually-agreeable decision. All of the final decisions remain your responsibility and are fully under your control.
Working Together in Joint Session: The initial meeting will often be followed by a joint session. In the joint session, the mediator sits down with both spouses in the same room. In the course of this session, you will both have the chance to read or say an opening statement and let the mediator and your spouse know what you would like to get out of the process. Your mediator will utilize this session as a medium for nurturing open and honest communication between the two of you. If possible, the mediator’s aim is to get you and your spouse to engage with each other and reason out your disputes. The mediator will be there as your referee, keeping you both civil and focused on a positive outcome.
Optional Individual Sessions: In some situations, the joint session may not be productive or simply not the most effective manner in which to resolve your issues. Should this become apparent, then your mediator could ask you and your spouse to wait in separate rooms. Your mediator will then speak with each of you individually in turn and bring your concerns over to your spouse. Throughout the session, the mediator will keep on moving back and forth between the tables, attempting to move the conversation down a positive route.
Closure: When the mediator is able to see that you are coming to an understanding about things and are able to agree on the terms of your San Bernardino divorce, they will then call you back together into one room for the last of the negotiations. This is the time when you will have the chance to finalize your decisions and document them into a contract. Your mediator will write up the final contract that lists out all the terms you have decided upon and get you to sign your respective copies of the contract on the spot. From the moment the signatures go onto the dotted line, it is a legally-binding contract, and you will be required to stick to its terms.
When you decide to dissolve your marriage in San Bernardino, you and your spouse will be required to make a slew of critical decisions during the divorce proceeding. Your divorce cannot be finalized until you come to agreements on how your marital property will be shared out between you, who will have custody of your kids, and if either of you will get any spousal support. It might be much simpler for you to connect on some of these details, but more difficult to connect on others. If it so happens that you and your spouse cannot get on the same page regarding all of your divorce terms, but you are both interested in avoiding an expensive and stressful court battle, you may want to opt for going into mediation. Reach out to your San Bernardino divorce attorney for more details about the mediation process.
A well informed Certified Family Law Specialist knows that a divorce can be stressful enough. Your attorney should also know that mediation is a fantastic tool that can help you nail down the final details of your split up. Contact your attorney today to learn more about how you can get help steering through a mediation process, avoid the expenses and emotional pain of a court battle, and finalize your divorce peacefully.
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