1. Download a Divorce Mediation Checklist
Many mediation clients convey that the preliminary document-assembling stage is the least enjoyable step of the process. They also state that following you collecting and providing all the documentation for their attorney-mediator, the sessions themselves operated a lot more streamlined than they ever could have thought of. Consequently, putting in the time, effort and preparation in advance in gathering all of the required information. Accomplishing this will be beneficial later on for both of you when later going over your estate with the mediator and cooperatively making those vitally important decisions for each of your futures. Here is a divorce mediation checklist and more than a dozen key issues to be addressed with your spouse to help you in coming to a resolution in your divorce or separation.
2. Find a Good Mediator
The greatest divorce mediation tip you can get is to find a good mediator. Do not just choose any mediator because they’re cheaper, or because they had a lot of reviews. Rather than that, find a mediator that has experience with the kinds of issues in your circumstances.
EquitableMediation warns against hiring unexperienced mediators and suggests working with a certified mediator that has years of experience and is continuing their education.
3. Talk to Your Lawyer First
Mediators prohibited from giving you legal advice. Just your lawyer is allowed to tell what your legal rights are. You’ll want to understand how property is distributed in your state, if alimony is included in the settlement, and how child support is established, etc.
KarenCovy says, “If you don’t know what you’re doing, or you don’t understand how mediation works BEFORE you walk in the door, you dramatically decrease your chances for success.”
4. Only Discuss Important Topics
Don’t waste invaluable time focusing on who is at fault or exhibiting anger towards your spouse. Doing so will only add to the cost of your divorce. Spend time only addressing important topics. You’ll come to an agreement faster and the mediation will be less costly for you. particularly if the mediator works by the hour.
MWI says, “you might want to ask yourself what you can do to reframe these negative expressions into something more constructive so that you are not wasting your time and money.”
5. Set Goals Prior to Mediation
What is an unbiased settlement among you and your spouse? Is there a way to compromise and negotiate? Be sure you have objectives in mind prior to going to divorce mediation sessions. Do you have children and need to plan for child support and parenting time? Are there a lot of marital assets that need to be divided? Do you expect to pay or receive alimony?
SouthShore says, “A spouse who approaches mediation with clear goals in each of these four categories is likely to excel, while a spouse who does not know what he or she wants is likely to struggle.”
6. Talk to Your Children
Divorce has an impact on the lives of your children too. despite the age of your children, you need tell them what is happening. Speak with your spouse and schedule a time to talk with the children together. Be sure they know that each of you love them and will continue to support.
RocketLawyer states, “Do your best to provide a stable, positive and loving environment, and together explain whenever a change in routine or living arrangement is to occur.”
7. Be Ready to Negotiate
In divorce mediation its all about negotiating a settlement that is beneficial for both parties and the children. It’s not just about winning or getting what you want. It is about putting your family first. Coming to a compromise is what divorce mediation is all about. According to McNameeMediations, “You’re going to have to give and take. You’re going to have to be willing to give up some wishes that you might feel you deserve, to receive the majority of the items that are most important to you.”
8. Disclose Financial Information
Don’t try and cover assets of your income. Being dishonest about your financial information does not lead to divorce mediation successfully. An unbiased agreement is one where each spouse is truthful about financial details. You might want to collect paycheck stubs, W2’s, 1099’s, a list of your assets and debts, a copy of your marriage license, prenup if there is one, court filings, and other associated documentation.
DivorceNet says, “A settlement that does not give one spouse enough money to live on is likely to go into default in the future. Be fair, but verify the numbers.”
9. Revise Your Estate Plan
A lot of people don’t realize they need to revise their estate plan following a divorce. Are you going to be selling the home you wanted to bequeath to your children? You should have a consultation with a divorce attorney and see what modifications need to be made to the estate plan prior to or following your divorce.
10. Realize Your Needs
Creating a budget is an ideal way to be sure you know what your expenses are going to look like following mediation. Devising a spending budget will help you throughout the mediation process and will assist you in organizing your new life. It will also help your mediator know what you need so they can convey those reasonable and practicable options to finish the mediation process. This can save you time and money versus heading to court for divorce.
According to MoneyCrashers, “the average litigious divorce in the United States costs $15,000, and the average mediated divorce runs approximately $3,000.”
Preparing for Divorce Mediation
The ideal way in preparing for divorce mediation is to:
- Understand Divorce Mediation
- Look Up its Benefits
- Understand the Divorce Mediation Process
- Research Divorce Mediation Costs
- Go Over Its Pros and Cons
- Consider Hiring a Mediator vs a Lawyer
- Utilize a Divorce Mediation Checklist
- Go Over Divorce Mediation Tips
- Locate a Good Divorce Mediator
- Decide to Mediate
Source:
- Michelle N. OgborneEngaging with an attorney to protect your family is never an easy step. Whether you need to protect your family from the unthinkable or restructure your family through collaborative divorce. “10 Divorce Mediation Tips.” Ogborne Law, PLC, 4 June 2020, ogbornelaw.com/divorce-mediation-tips/.
