Mediation is the process of working with a mediator to develop your divorce settlement instead of going to court. During mediation, you and your spouse meet with a mediator, a neutral third party, to discuss your divorce and how you want to manage it. You’ll talk about details like:
- child custody and
- how the support should be handled
The mediator is there to help keep your conversations on track and to bring up details you might have forgotten. They will suggest potential solutions and help you remain professional while discussing difficult subjects. However, they don’t make any decisions for you. You and your spouse retain complete control over how your divorce proceeds and how things will be split. That makes mediation ideal for couples who are still amicable and want to keep their divorce as smooth as possible.
Five Tips to Make Divorce Mediation More Successful
Once you’ve decided that mediation may be the right path, you can start preparing for the process. The secret to a successful settlement is thorough preparation. By following these five tips, you can set yourself up for successful mediation and keep your split amicable and efficient.
1. Research the Process
Before doing anything else, it’s critical to understand how the process works. There are typically five stages to mediation:
2. Pick the Right Mediator
The right mediator can make all the difference to your split. A mediator is a neutral third party who shouldn’t be biased towards you or your spouse. They should also be able to work with a range of personalities since they will be required to work with you, your spouse, and your respective attorneys. If the mediator you choose can’t support your communication, you won’t get the help you need.
To choose a mediator who will help you successfully finalize your divorce, consider factors like:
3. Retain Legal Representation
You aren’t required to have a lawyer if you choose to mediate your divorce However, choosing mediation for your split doesn’t make legal representation unnecessary. Working with an experienced divorce attorney is wise no matter how you decide to split up. In mediation, your attorney will help you:
A lawyer will also help you understand Oregon’s divorce laws, so you know what you can and cannot request during mediation. Having a lawyer on your side will help you keep your mediation on track and ensure you don’t make uninformed decisions.
4. Prepare to Compromise
The purpose of mediation is to design a divorce settlement that works for both you and your spouse. The goal is to cooperate on the settlement, which inevitably means making compromises. Before hiring a mediator, prepare yourself to compromise to keep your split amicable.
These compromises may be large or small. For instance, you may compromise by giving your spouse the family home in exchange for retaining your pension and retirement funds. On a small scale, you might compromise your parenting plan by giving them physical custody of your children over the holidays in exchange for keeping them over the summer.
The specific compromises you make will depend on your marriage and financial situation. Ideally, mediation allows you to make compromises where you and your spouse feel you’re getting the better end of the deal, so everyone walks away happy.
5. Follow the Rules
Once you get started, it’s essential to respect the process. Even if you’re still on good terms with your spouse, dividing your property and figuring out child custody can be emotionally challenging. Make sure you follow the rules of mediation, including:
Get Legal Help with Divorce Mediation
Mediation is one of the best ways to approach amicable divorces. If you’re ready to begin the process, the first step is to find a qualified divorce attorney.
The right attorney will keep the mediation process smooth and stress-free. Get in touch with the expert team at Regele Law, LLC to learn how we can help you streamline your divorce.