As you face your upcoming divorce, you undoubtedly likewise face numerous issues and concerns. One of them may well be how to proceed. Must you and your spouse litigate your differences? Or can you find a less stressful and more amicable way to end your marriage? If the idea of engaging in a protracted court battle does not appeal to either you or your spouse, you should consider obtaining a mediated divorce instead of a litigated one.
Amicability does not represent the only benefit you can receive with mediation. Per Mediate.com, you likely will also find your divorce costs reduced by 40% to 60%. In addition, mediation gives you and your spouse the opportunity to remain in control of your decisions rather than leaving it up to a judge to decide your issues for you.
How mediation works
In a mediated divorce, neither you nor your spouse needs to hire your own attorney, although you can if you wish. The usual procedure, however, entails you and (s)he hiring a mutually agreed upon mediator. This person will act as a facilitator while you and your spouse meet with him or her to negotiate resolution of such issues as the following:
- Who will receive primary custody of your children
- Who will make child support payments to the other and in what amount
- Who, if either of you, will receive spousal support and in what amount
- Who will receive which pieces of marital property
- Who, if either of you, will continue living your family home
Your mediator will provide you and your spouse with a safe and neutral location in which to hold your joint meetings. (S)he also will not allow either of you to intimidate or steamroller over the other. Instead, (s)he will guide you through your negotiation process issue by issue and help you resolve them with the least possible amount of animosity and stress.