Atkinson & Kelsey Law Firm Blog

What does the divorce mediation process look like?

When spouses decide to end a marriage, this likely invokes a wide variety of questions and concerns. The word litigation is a familiar one, but divorcing couples in New Mexico and elsewhere are probably concerned with the costs attached with the this process. Thus, alternatives and cost-effective dissolution methods are often sought.

While most divorcing couples have heard of mediation, they might not fully understand what this process entails. Therefore, it is important to become familiar with the steps involved, so an informed decision can be made on this process.

What does the divorce mediation process look like? This decision-making process is one that will likely take place outside of a courtroom. However, it is possible for some spouses to begin the process in front of a judge before making a switch to divorce mediation. When this occurs, a mediator will enter the process, which is a neutral party that is specially trained to facilitate communication and help the couple resolve their divorce issues.

The divorce mediation process involves a series of sessions between the couple and a mediator, usually lasting one to two hours. The first meeting helps the couple and mediator identify the issues that needs to be discussed and decided. Additionally, it will be determined what information is necessary and needs to be gathered and shared.

Any further meetings are set to work on compromises, share information or provide information to the court system. When an agreement has been reached on all issues, the mediator will then draft an agreement for each party to view on their own or with an attorney, if they have one. Once a final agreement has been agreed to, this will be filed with the court.

Although the mediation process can be a simple way to work through a divorce, it can also be a lengthy a complex process. It all depends on the couple and the divorce issues they bring to the table.

One thing is true, if an alternative divorce method does not prove to be effect, divorcing spouses should consider other options. This might mean doing a combination of mediation and litigation.

Source: Findlaw.com, “Divorce Mediation FAQ,” accessed on Nov. 6, 2016