Mediation is an excellent way to resolve the issues that commonly arise in a divorce case. Divorce mediation is a voluntary process in which a neutral third party is hired to help the couple reach an agreement on the issues involving the dissolution of their marriage. In Maryland, many couples choose to use mediation to negotiate their divorce settlements rather than litigation, which can be costly and time-consuming. In this article, we will explore how divorce mediation works in a Maryland divorce case.
What Is Divorce Mediation?
Divorce mediation is a process where a neutral third party mediator is hired to facilitate a conversation between the spouses. The mediator is not a judge or lawyer and cannot provide legal advice. Instead, they help the couple communicate effectively and work toward a mutually beneficial agreement. Mediation is a voluntary process, and both spouses must agree to participate.
Benefits of Divorce Mediation
There are many benefits to divorce mediation compared to litigation, including the following:
- Cost-effective: Mediation is generally less expensive than litigation as it requires fewer legal fees.
- Saves time: Mediation is usually much faster than litigation since the parties decide the pace of the process.
- Privacy: Mediation is usually confidential, which means that the parties will not have to file public court documents and their dispute will not be part of public record.
- Control: Mediation allows the parties to make decisions about the outcome of their case and have more control over the final agreement.
The Process of Divorce Mediation
The following is a general outline of what typically happens during a divorce mediation:
1. Introductions and Agreement to Mediate
First, the mediator will introduce themselves and explain their role in the process. They will then ask the parties to agree to mediate and sign an agreement to mediate. The agreement outlines the ground rules for the mediation process, including confidentiality, how long the mediation will last, and how the mediator will conduct the mediation.
2. Gathering Information
The mediator will ask both spouses to provide information about their finances, including income, expenses, assets, and debts. Understanding each other’s financial situation allows the couple to form an agreement that is fair to both sides.
3. Identifying Issues
The mediator will help the couple make a list of issues they want to resolve. Some common issues include property division, custody of children, visitation schedules, child support, and spousal support.
4. Negotiation
During the negotiation phase, the mediator will facilitate discussions between the parties to help them generate ideas and reach a settlement. The mediator will help each spouse express their needs and interests, highlight areas of agreement, and facilitate problem-solving and compromise.
5. Drafting the Agreement
Once a settlement is reached, the mediator will draft a written agreement outlining the terms that have been agreed upon. Both parties will then review and sign the agreement.
6. Filing the Agreement
Once the agreement is signed, the parties can submit it to a judge for approval. In most cases, the judge will approve the agreement as long as it is fair and in the best interest of any children involved.
Conclusion
Divorce mediation can be a useful tool for couples who want to end their marriage in a civilized and cooperative manner while saving time and money. With the mediator’s assistance, couples can work together to come up with an agreement that works for both parties. In Maryland, divorce mediation is a voluntary process that can help the couple achieve this goal without resorting to litigation.