Divorce cases are currently on the
rise. Instead of going the legal way of
having divorce cases in courts, which are usually messy, most couples opt for divorce
mediation. In most cases, couples voluntarily agree to go the mediation
way. Though in some cases, the court may order for mediation.
If the mediation is ordered by the court
then the court will appoint a mediator, but if it is voluntary, the couple
chooses their own meditator. Do you know what the roles of a divorce mediator
are? If not, here is what you need to know.
1.
Assist Parties To Reach A Mutual Agreement
Most couples undergoing divorce are always
fighting; they do not seem to agree on any single thing. They fight over kids,
property, and money. They do not see eye to eye. It is the role of the divorce
mediator to create conducive environment where both parties will be free to
discuss and come to a solution that will be mutually beneficial.
2.
Determine if the Participants Have the
Capacity to Negotiate
For any effective negotiation to take
place, both parties must be willing to negotiate. The mediator is tasked with
finding out if any party is unable or unwilling to negotiate. Some partners
might be unwilling to negotiate but focused on prolonging the divorce process.
He should also ensure that both parties know the assets they own and their
financial status. This sets an even ground for discussions.
3.
Create Options That Will Lead to an
Agreement
Sometimes, things get too hot between the
parties that they can no longer talk. In such scenarios, the mediator may be
forced to come up with ideas to enable the process to go on. The mediator can
split the couple into separate rooms and listen to their views separately. If the mediator promises them
confidentiality, the couples may end up revealing more information that will
make them reach a solution faster.
4.
Provide legal information, Not Legal
Advice
If you are among the people who believe
that a divorce mediator is supposed to provide you with legal advice then you
are wrong. A mediator is only supposed to provide you
with legal information and the options you have if you were to go the legal
way. They are not supposed to advice any party on how to use that information.
5.
Make the party know that Children are most
important
If there are kids involved, both parties
should stay child-centered throughout the negotiation. The mediator has to ensure
that this happens. He/she should regularly remind them that children are the
most important in the entire saga. This way, they will agree on terms that will
prioritize their kids’ well being.
The role played by a divorce mediator is
very significant. Getting two fighting people to talk soberly and come to an agreement
is no easy task. So long as the mediator stays neutral, fair, and unbiased, the
process will be a success. Once the agreement is done, the mediator should have
a draft agreement written and ensure both parties go through to confirm if it
is correct.
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