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What can a mediator do in a divorce?

On Behalf of | Jan 5, 2023 | Divorce

Going through divorce is hard enough without adding any additional stressors to it. To that end, how can you make divorce as easy as possible?

You could potentially skip litigation, i.e. the process of taking your divorce to court. But what can you do instead?

Defining mediation

As Forbes points out, numerous alternative options exist to litigation when it comes to divorce. This includes mediation, which is one of the most popular methods.

What is mediation? It is a way for you and your spouse to work together toward reasonable compromises, allowing you to determine your own divorce terms rather than having the court take care of everything for you and hand down orders on what you need to do.

What mediators can and cannot do

Mediation centers on the use of a mediator. This neutral third party will give advice and opinions regarding what they think you and your spouse should do during the divorce process, and how you may want to divide up your responsibilities, debts, assets and so on.

They do not have the legal power of a judge or an arbitrator. This means they cannot make legal decisions for you. You and your spouse must make all final decisions on your own. You can choose what advice to take into consideration and what to discard.

Mediators also help ensure that you stay on track in your discussions. They can de-escalate arguments and guide conversations so that both parties have an equal chance to speak their mind.

Thus, mediators and mediation serve as valuable tools for many different types of divorcing couples.