The Divorce Mediation Process
The Process – It's Easier Than You Think
What to expect during the divorce mediation process
Divorce mediation consists of several steps that result in the development of a separation agreement. A Divorce Mediator’s goal is to be a neutral third party and to guide a couple through the mediation process to ensure a win/win resolution, the mutual respect the parties have for each other is preserved, the process is completed in less time and at less cost than a litigated divorce.
1 Determine the issues
During the first stage of the Divorce Mediation process Attorney Turmaine works with the couple to identify all the issues that need to be incorporated into a final divorce agreement. He supports them in making educated decisions and helps them decide what information needs to be gathered to facilitate reaching agreement. His expertise helps the couple communicate issues and express their needs and expectations.
Factors that are necessary for successful Divorce Mediation include:
- Willingness to share all relevant information
- An atmosphere where both parties feel safe to state their views without reservation
- Complete confidentiality
2 Gather Supporting Documents & Information
It is critical that all pertinent information is discussed openly and truthfully throughout the Divorce Mediation process. The process will only be successful when all pertinent information is discussed openly and honestly.
Discussions with other professionals—accountants, therapists, real estate agents, house appraisers, etc.—may be needed depending on the particular challenges a couple may faced.
3
Mediation & Negotiation
When the first two steps are completed Attorney Turmaine works with the couple to address all issues individually until an agreement is reached that is mutually acceptable to both spouses and to the court. Attorney Turmaine expertly leads discussions in a way that is productive and protects the rights of each spouse. He assures that each souse has the opportunity to express their opinions and needs in open dialogue and that while both parties may not feel they got everything they want in the agreement, each party will feel their voice has been heard and that the final document has been crafted in a true good faith effort. He often validates the common areas of contention and that most couples’ issues are not unique.
Attorney Turmaine helps the couple develop a foundation of trust and openness and helps them avoid the blame game. A successful Divorce Mediator ensures all ideas, feelings, and needs are listened to and taken into account before a final agreement is reached.
4 Building the Separation Agreement
Attorney Turmaine crafts a clear, understandable separation that outlines all the decisions the parties have made. Both parties may review the document a final time and may also have another attorney review it.
The final separation agreement will now be submitted to the court along with other supporting documents. Once this paperwork has been submitted, the court will schedule a hearing, a case is presented to a judge, and the judge approves the agreement at that hearing, and grants the divorce.
Divorce Mediation Preparation Checklist
- A list of issues to be discussed with the Divorce Mediator, including but not limited to:
– child custody
– support & visitation
– spousal support
– division of marital property
- A description of all marital properties and valuation of the property
- A list and description of any joint insurance policies or loans
- Financial details such as; gross and net salaries, tax returns, bank balances, etc.
- Details of any debt such as credit cards, loans, etc.
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Videos & Articles
Learn why it’s important for both parties to be completely aware of their financial situation when getting a divorce and how Divorce Mediation can help avoid a lop-sided situation.
Often, it’s the spouse that initiates the divorce that feels the most guilt. Learn how mediation helps both parties avoid this guilt to achieve a more equitable outcome.
Learn why it’s important for both parties to be completely aware of their financial situation when getting a divorce and how Divorce Mediation can help avoid a lop-sided situation.
Divorce Mediation helps balance the power between the two spouses getting a divorce. Find out why this is important if not a requirement to reach a separation agreement that will be approved by the courts.
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