Are you considering divorce and unsure of where to start? Dealing with a marital separation can be difficult, both emotionally and logistically. One way to make the process more bearable is by utilizing mediation as an alternative to litigation. Mediation provides an open dialogue for a divorce. That can lead a couple to make decisions regarding their family’s future on their own terms. To achieve this goal, there are five distinct stages of mediated divorce: introductory stage, information gathering stage, framing stage, negotiation stage and settlement stage. The couple should familiarize themselves with these steps in order to gain control over the Resolution Agreement that they reach. Read on for a thorough overview of each phase in divorce mediation!
Introductory Stage – Understanding the Process and Establishing Goals
The introductory stage in divorce mediation focuses on helping couples better understand the process of mediation and setting clear expectations. During this stage, the mediator will typically go over behavior expectations and communication policies. The impact on the outcome of the negotiation process depends on the couples behavior and approach towards each other. It is important to establish goals so that both parties can discuss options for resolution throughout the duration of mediation. This allows for a successful mediation process to occur, resulting in greater understanding and a potential resolution between two parties.
Information Gathering Stage – Collecting All Necessary Data and Documents
The information gathering stage of divorce mediation is an important step. This ensures ensure both parties have the necessary financial and legal information to make informed decisions. Collect income statements, bank statements, and tax returns for evaluation. The couple should gather details of child custody to solidify any obligations or agreements. The couple should also bring forth any valid contracts or deeds. Contracts or deeds can be especially beneficial when figuring out financial contributions throughout the process. Collecting the data and documents by the couple before proceeding helps keep the mediation moving along smoothly and efficiently.
Framing Stage – Focusing on Solutions & Establishing Parameters of Negotiations
The framing stage of mediation, the mediator plays an important role in helping both parties focus on needs and interests. The mediator helps them identify what has been successful or unsuccessful in past negotiations and ensuring that power dynamics are equal. It is important for the mediator to set expectations for each party by examining their goals for the negotiation process. Lastly, the mediator works to establish parameters for the negotiations and keeps conversations focused on finding solutions. The goal is to give both sides clear boundaries and ground rules in order to move forward.
Negotiation Stage – Hammering Out an Agreed-Upon Divorce Agreement
During the negotiation stages of divorce mediation, both parties collaborate in coming to an agreement on the terms of their divorce. During this phase, couples will consider important issues such as child custody, spousal support and asset division and must make choices that are best for them and also respectful of each other’s needs. The couple will discuss why certain proposals should be adopted or rejected in order for an acceptable compromise. It is essential to ensure that neither person takes advantage of the process or feels disregarded.
Settlement Stage – Finalizing the Divorce Agreement and Obtaining Legal Approval
The settlement stage of divorce mediation is the culmination of all that has been accomplished in the previous stages. At this stage, finalizing the divorce agreement and obtaining legal approval is the primary focus. The couple must clearly ensure that all terms from the agreement have been discussed and mutually agreed upon. With an attorney present to guarantee that no changes can be made to the document and that it fully adheres to state regulations, both parties feel comfortable signing off on their finalized agreement; a step needed to officially end their marriage.
Going through a divorce can be difficult and it can help to understand the mediation process. The five stages of divorce mediation each help to successfully reach an agreement that is suitable for both parties. Starting with the introductory stage of understanding and establishing goals, to gathering all relevant data and documents, to focusing on solutions, hammering out an agreed-upon agreement, until finally finalizing and obtaining legal approval. Each stage helps to ensure that even if the resolution is not perfect it will still be agreeable for both sides. Mediators help provide structure and guidance throughout the process in order to help ease the tension between both parties. Although it’s never easy going through a divorce, remember there are professionals available who are trained in helping make sure that the transition is as smooth as possible. Feel free to contact us, we are here for you.