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What is the role of the mediator in divorce mediation?

It might be difficult for some spouses to move forward with the divorce process. In some cases, reaching a final decision in court sounds terrifying and concerning. For some divorcing couples in the Albuquerque area, alternatives to litigation sound more appealing and could be a means to address the needs and concerns of each spouse. While numerous couples turn to this platform for the dissolution process and are successful with it, it is important to understand what it means to undergo this process and the role everyone serves.

What is the role of the mediator in divorce mediation? A mediator is a neutral and impartial third party. They are not a referee, judge or arbitrator and are not used to makes decisions regarding a legal divorce issue or who is going to win or lose in a divorce dispute.

The job of the mediator is to guide both parties during the negotiations of the divorce mediation process. Their role should be considered most like an air traffic controller, as it is his or her duty to guide the conversations, negotiations and process, helping to keep the parties on track and aiding in the ability for divorcing spouses to reach a resolution they both find acceptable.

When a mediator is misused or a party is not being reasonable, the mediation process cannot be successful. A mediator also has the duty to ensure that a divorcing couple covers all the relevant divorce issues before reaching a final agreement. If the parties are not able to do that with the guidance of a mediator, it might be in their best interests to continue the divorce with litigation or another divorce alternative.

Whether a divorcing couple uses divorce mediation for the entire duration of the divorce process or for only a part of it, it is crucial that both parties understand how it works and the role that a mediator serves. Spouses should be knowledgeable about the options that are available to them so that they can make decisions to meet their needs and interests.

Source: Huffington Post, "What Most People Don't Know About Divorce Mediation," J. Richard Kulerski and Kari Cornelison, Accessed on June 29, 2015

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