Marital/DIVORCE MEDIATION

What is Divorce Mediation?

Divorce Mediation is a process in which parties who wish to divorce, agree to problem-solve together using one neutral mediator who does not represent either party. Sometimes each party also has a lawyer, but in most cases not. In Divorce Mediation, the parties are the primary negotiators. The role of the lawyers, if any, is to advise their clients throughout the mediation process as to their legal rights and obligations. In our mediation practice, the married couple meets together with us to resolve disputes both during and sometimes after the divorce. As mediators, we work to assist with communication and cooperation, so that the parties can reach agreement on otherwise difficult topics to discuss.

What is Marital Mediation?

Marital Mediation is a process for parties who may wish to stay married, or at least aren’t quite ready to divorce, but are having trouble getting along, and attempts to reconcile through counseling have not yet been successful. Sometimes there are legal avenues that can been explored to help parties solve problems short of divorce, such as separating finances, or discussing marital property agreements “in case of” divorce. As marital mediators, we assist couples in identifying boundaries they wish to set for their marriage, their spending, and their parenting. In some cases, marital mediation assists couples to stay married for a specific period of time, until the parties are ready to divorce (such as until the last child has graduated, or until the wife has obtained her college degree and can self-support). In other cases, marital mediation successfully enables parties to reconcile. We can provide you with insight into your case and help you to craft creative solutions to assist with achieving your objectives and maintaining the boundaries you and your spouse strive to set.

The mediator helps the parties to:

Clearly define the topics they wish to address
Collect all relevant information
Develop possible options
Discuss the meaning and impact of each option
Identify their common and/or respective interests
Understand each other’s needs, and
Reach an agreement that both parties can live with

Divorce with Respect

The mediator does not make decisions for the parties and does not give advice. Rather, the mediator guides the communication process, so each party can be heard by the other. It is the responsibility of the parties themselves to reach a final agreement. An agreement is reached only when both parties voluntarily agree. The outcome of mediation is an informed, voluntary agreement between the parties that does not become legally binding until the court approves it. Although we are happy to provide information about statutes and courtroom experience, our job is not to guess what your outcome will be in court or try to sway one or the other party in a certain direction. We generally remind people that every case is unique, and every outcome is case-specific.

262-788-5335

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