The mediation process is a form of alternative dispute resolution during the divorce process, or at any other stage after the granting of the final divorce order in the event of any other dispute to be mediated. The parties choose an independent mediator by agreement, who can be either an attorney, advocate, psychologist or social worker, or any other suitably qualified mediator.
The mediation process has many advantages over divorce litigation provided that both parties are emotionally ready to participate and make meaningful contributions towards finding solutions in terms of the separation. A mediator is not a marriage counsellor and parties can be left feeling dissolutioned if they have unrealistic expectations during this process.
The issues to discuss will include the division of assets, the care and contact of minor children, the drafting of a parenting plan, maintenance and costs. Parties will be advised of their option to discuss any legal issue with their own attorney to ensure that their rights are protected at all times. Care and contact arrangements can also be referred to a child psychologist or other expert if necessary to obtain assistance and recommendations in the best interest of minor children.
As a trained mediator, Lindi commented on some of the benefits why she highly recommends mediation as follows:
Mediation saves time;
Mediation is cost effective as it is less expensive than divorce litigation;
Mediation seeks to find a workable solution by the two parties who know their situation best;
Mediation assists the parties with communication skills that will benefit their post-divorce relationship, especially when minor children are involved.
If you cannot make your marriage work, make your divorce work.