Major Roles of Mediators During a Divorce

In a mediated divorce, you need a neutral third party to act as the mediator and moderate the discussions. Below are some of the specific roles of the mediator.

Ensuring Each Party Is Heard

Without a neutral third party, it is easy for one spouse to dominate the talk during the negotiations. This is particularly risky for a couple where one party is typically submissive or domineering. In divorce negotiations, each party needs to air their views without interruptions from the other. A mediator acts as a moderator and ensures everyone has their fair say.

Helping to Identify Contentious Issues

Many couples are not skilled negotiators. A skilled negotiator identifies the major points of contention and focuses on them to win the other. During divorce negotiations, you may find yourself talking a lot but not accomplishing much. A mediator will help you to identify the major bones of contention so you can focus on them and hasten the process. For example, if your main issue is that you want to live with the kids, then custody (specifically physical custody) should be one of the major points of the discussions.

Explaining the Law

Even if you don't want to litigate your divorce, you still have to obey divorce laws. Don't forget that, at the end of the negotiations, you have to submit your divorce agreement to the court for ratification. The mediator will explain to you want these laws are so you don't waste time making agreements that the court won't enforce.

For example, the mediator can explain to you the formulas that your state uses for determining child support. The mediator can also explain to you why you cannot decline child support (as the receiving spouse) even if you want to.

Helping with Legal Forms

Unless you have divorced before, you will be seeing some legal forms for the first time during your divorce negotiations. Even if you have divorced before, the circumstances and laws might have been different in your previous divorce, which means different forms. The mediator will explain to you what these forms mean (some use legal terms) and how you should fill them.

Drafting the Agreements

Lastly, the mediator will also help you to draft the divorce agreement. This is the document that details what you have agreed to at the end of the negotiations. It contains things like asset division, debt division, child support, and alimony agreements, among others. The mediator will ensure you get a concise, understandable, and legally-binding document.

The mediator will not advise you on legal strategies to use during the divorce or help you with the negotiations. That is why you still need a local divorce attorney even if you have opted for divorce mediation.