Many couples who are divorcing seek the help of a mediator early on in the proceedings. If it's clear that there are some issues with which you're in disagreement and that you cannot rectify together, having someone trained in mediation can help you to reach a conclusion that works for everyone. Not all couples voluntarily attend mediation, however. If you're in conflict with your significant other about several topics that are a cause for debate when you go to court, it's possible that the judge will ask you to attend mediation. Here are some times that this may happen.
1. Disagreements Over Property Division
Dividing your property is one of the most challenging things that you must do during a divorce. One of the challenges of doing so is that there's often no "right" way to do things. If you jointly own something, you'll need to decide who will take it, and this can be difficult for a lot of couples. Arguing over the division of your property can unnecessarily drag out a divorce, as well as frustrate both parties. When you sit down for some sessions with a mediator, he or she will be able to guide you to a peaceful resolution.
2. Spousal Support
While a judge may step in and make a ruling on spousal support in your situation, it's also possible that he or she might ask you to seek help from a mediator in this matter. It's ideal if a couple can come up with a number for spousal support together. For example, if the person who will be paying the support feels as though he or she has a say in it, this person will often feel that the number is fairer, compared to a judge imposing the amount and the person having to pay it. Mediation can help you both to make a fair decision in this regard.
3. Child Visitation
If the judge has granted joint custody of your children, your next mission is to figure out a visitation situation that works for everyone. This is another area in which many couples can come into conflict, especially if they both want to have the children as much as possible and aren't keen on a fair split. A divorce mediator will allow you to express your preferences, but to also hear what your spouse wants. You'll then be able to figure out what works for you both and, most importantly, what will work for your children.
For more information, contact your local divorce attorney.