The Role of Mediation in Divorce

Going through a divorce can be one of the toughest times in a person’s life. Coming to terms with the fact that your marriage is over may not be easy and can leave you feeling alone and concerned for what the future may hold. However, sometimes divorce is the best option for two people who no longer can make their relationship work. Although there are circumstances that may cause divorce to turn into an angry and drawn out process, it doesn’t always have to be that way. When two people are in mutual agreement that it is time to close the chapter on their marriage and pursue a divorce, mediation can make the process go much more smoothly.

What is Divorce Mediation?

Mediation is a process where both spouses agree to sit down with a neutral third party in order to resolve some of the issues related to their divorce. The mediation process can help alleviate some of the stress that usually occurs during a divorce and allows both spouses to talk through the important issues. Although mediation is a great option for some divorcing couples, it may not be right for everyone. If a divorcing couple’s situation includes most of the following factors, then mediation may be a great option and result in success:

·      The decision to divorce is mutual;

·      The spouses want to stay on good terms with each other after the divorce due to children or other reasons;

·      One spouse does not blame the other for the divorce;

·      Both spouses understand that their marriage is over and don’t hold on to any hopes of reconciliation;

·      Neither spouse has lied to the other about any important issues related to the divorce;

·      Both spouses have a clear understanding of their financial situations;

·      Physical abuse or drug abuse is not one of the reasons for the divorce;

·      Neither spouse has the “upper hand” and can intimidate the other; and

·      If the spouses have children, they agree that both of them are good parents.

It’s important to note that even though a couple may elect to use the mediation process to resolve their divorce, it is still advisable that both spouses seek proper legal counsel. Although the mediation process can result in a more pleasant experience, in order for it to be successful both spouses must know their legal rights. A mediator cannot offer any legal advice and his or her role is to help a couple communicate effectively to resolve their issues. On the other hand, a knowledgeable divorce attorney can advise each spouse of their rights related to the divorce so that when they enter into the mediation process they can negotiate a divorce agreement that is favorable to both parties.

Consult a North Carolina Divorce Attorney

If you are contemplating divorce in the Charleston area, contact one of our divorce lawyers at Ayers Family Law, LLC today. We will carefully review the facts related to your divorce and help you through the process so that you can focus on moving on with your life.