Separation and Divorce Mediation ChecklistSep 18, 2018 8:00:00 AM
Few things can tear apart a life more than separation and divorce. Along with the emotional devastation it brings, divorce also requires keeping a level head concerning the legal dissolution of the marriage contract. Anyone going through a divorce and mediation needs to understand the process to best protect their rights.
Plan how to communicate
Communication between separating and divorcing parties presents difficulties, but is essential for resolving issues. The two parties may want to set agreed upon terms and conditions of communication. Consider making all communication relevant to the divorce mediation proceedings in writing, whether through text messaging, email, or some other form. This prevents misinterpretations, willful or accidental.
Always remember that you are communicating with an adversary, no matter how congenial they seem to be.
Do You Need a Family Law or Divorce Lawyer in this Process?
Do you need one? Not technically. Should you get one? Absolutely. In most cases, an individual separating and divorcing should retain a professional expert in family law. Family Law and Divorce lawyers not only understand the law but also have experience advising people undertaking a very difficult process. They can keep one apprised of their rights while remaining sensitive to the person going through the mediation process on the way to the divorce settlement.
Mediation or arbitration provides a less costly and, often, less confrontational means to separate marital assets and come to other important agreements. Once a divorce goes to court, it can become very expensive. Mediation helps both parties reach an agreement instead of having to go to court. It also offers increased flexibility and a less stressful environment. Mediation works best when both parties have agreed on the need for divorce and are willing to communicate.
What You Need to Bring to a Mediation
Family Law and Divorce mediators will ask for briefs to help explain your side of the case. Make sure that the explanations within are clear and concise while stating your case. Do not jam pack them full of emotional pleas. Instead, keep them fact-based. Briefs from both sides must be prepared in advance so that all involved have time to review.
Also, bring information or notes that will help you remember important points and details.
Prepare Yourself for any Possibility
One of the most important family law and divorce mediation tips shared by experts is to expect the unexpected. Always remain aware that the other party might introduce new facts or change their strategy or tactics. Understand that in each situation like this, there are known knowns (what you know you know), known unknowns (when you have incomplete information), and finally unknown unknowns.
The last two are what will keep you up at night.
While preparation can focus on known knowns and known unknowns, understand that the unknown unknowns can emerge and remain mentally prepared to work with your attorney to counter the unexpected when it comes up.
Where You Can Find More Information
For those who need more information as part of the divorce support process, please download this helpful guide to divorce and property settlement. Experienced divorce lawyers worked together to create this guide to help you understand divorce step by step. Information and preparation can reduce anxiety and frustration during a stressful divorce or separation.Return to Blog