Coming To Terms: Trying To Work Out A Divorce Agreement Using Mediation

Posted on: 7 January 2016


When you are in the process of getting a divorce, negotiating a divorce agreement with your ex can be a daunting task. When you and your spouse are trying to divide assets and determine child custody, it's possible to work with a divorce mediation specialist instead of going to litigation. While the mediation process will still take some time and negotiation skills, a mediator will work with both parties to come up with an agreement that both are amenable to.

A Divorce Mediator Does Not Provide Legal Advice

One important aspect to remember about working with a divorce mediator is that the mediator does not provide legal advice to either person. The mediator may provide legal information to guide you through the process of coming up with an agreement, but the mediator is not going to tell either party what they should or shouldn't settle for as part of the process. A mediator is a neutral party, and does not represent either person who is going through the divorce.

You Can Still Hire an Attorney to Get Legal Advice

You can go to a mediator to try and work out a divorce agreement with your former spouse, but this doesn't mean that you can't hire an attorney to work for your best interests. In fact, many people hire an attorney to look over the divorce agreement to make sure that their rights are being protected. If you have come to an agreement through mediation, it's always a good idea to have an attorney look over the agreement for you.

A Partial Agreement Can Be Worked Out in Mediation

While this is not ideal, if you and your former spouse can't come to an official divorce agreement, you can still work out some of the aspects of your divorce through a mediator. If the two of you come up with a partial agreement, but you get stuck on how an asset will be divided or what your child visitation schedule will look like, you can leave those decisions up to a judge. Most people don't like leaving any decisions regarding their divorce up to a judge, and so eventually an agreement will be worked out between both parties.

When you work with a mediator to dissolve your marriage, it's important to negotiate for what you want, and to not sign any paperwork that you don't understand. If you have questions, you should discuss your concerns with an outside attorney that works only for you.