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Property Division: Role of Divorce Mediation



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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