Mediation in the Process of Divorce

(By ZhaoNingning )

Divorcemediation is the process where couples negotiate a satisfactory agreement withthe aid of a mediator which is a very important and effective way to end amarriage. The agreement negotiated through divorce mediation is legallybinding. While divorce mediation is a new concept in parts of the country, itis becoming an increasingly recognized and extensively accepted practice.Divorce mediation means that a husband and wife meet in the same space witheach other and with a neutral mediator. The mediator allows both individuals towork through all the issues needing resolution so the divorce can be finalized.A divorce mediator is a neutral third party who assists in the negotiations. Itis the mediator's responsibility to configure the mediation sessions so thatthe couple can productively negotiate a divorce agreement. There are more thana few distinctive styles of mediation. Several things are constant no matterwhat type of style the mediator uses. Divorce mediation is accommodating toeach individual’s needs and always confidential. This type of mediation givesthe husband and wife an easy way to settle the conflict in a manner that helpseach party to work together as parents even years after a divorce is finalized.The divorce mediator remains neutral between the husband and the wife. Themediator will not give advice to either party, and also will not act as alawyer for either party. The mediator will point out, in an open session, toboth spouses’ things that they should be aware about and keep them on task andin line with what they are trying to accomplish through mediation. This openand free exchange of information allows both spouses to negotiate with eachother in confidence and without fear of being taken advantage of. Duringmediation, both spouses have the same base of information. This similarinformation allows a resolution that makes sense to both spouses to negotiatedin less time than other methods. Either party may bring a lawyer to mediationif desired, or a lawyer may be used as an advisor between mediation sessions.Divorce mediation is completely voluntary. Mediation will continue only for aslong as all of the parties involved want it to. The mediator must have a verygood reason to withdraw during the mediation process. Either spouse maywithdraw from mediation at any time for a any reason at all. Years of researchhas shown that when couples who gone through divorce mediation with couples whogo through an adversarial divorce, couples who go through divorce mediation aremore likely to be satisfied with the process and the results. Divorce mediationcouples are prone to take less time and spend less money. Couples who choosedivorce mediation are far less likely to go back to court at a later date. Themost important advantage of mediation is that it keeps each spouse in controlof his or her divorce. This control can make all the difference in the recoveryfrom a divorce. Divorce mediation helps each spouse move on with his or herlife. Divorce mediation allows each spouse to get through a divorce with lessdiscord than would be experienced in an adversarial divorce.

Disputesoccuring in the divorce process are always involved in termination of marriage,property division and children maintenance. Under the following conditions themediation is more likely to reach :

1. Ifone party does not agree to divorce just because he/she wants for property ormoney, or want the right of children maintenance;

2.Both parties have reached the agreement on divorce and children maintenance,only the property division is barrier for they can’t come to terms about theproperty division.

Throughthe lawyer’s negotiation and mediation, it is very easy for the couples toreach the mediation agreement about the above disputes.

However,if one party doen not agree to divorce just because of the love and affection,it is not very easy to reach the mediation agreement for the other party.

     (By ZhaoNingning: Claudia@familylawcn.com  www.familylawcn.com)

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