23 Sep Divorce Mediation 101 – What is it and How it Works?
Divorce mediation is one of the most convenient, effective, time saving and therefore frequently adopted ways of parting ways with your soon to be ex-spouse. Parting ways with a significant other is never easy. No matter whatever the reasons, there always are repressed emotions, anger, anguish, grief and heartache involved while separating at both sides. During the times of this emotional upheaval, it is seldom easier to think straight, let alone take important decisions. The situation gets even graver if there are children involved. Since now both individuals also must negotiate the terms of co-parenting and find a way to part amicably for the sake of their children.
Divorce mediation provides your soon to be ex and you a chance to negotiate and finalize the separation outside the court. In most of the cases, both partners find it more suitable to settle their affairs outside court and decide what is best for them through a divorce mediator. A divorce mediator would be a neutral party – meaning he wouldn’t be at the ‘side’ of any of the separating individual. His role is only to provide a neutral space for both parties to resolve their issues as cordially and politely as is possible. This is specially recommended if there still is bitterness and resentment brewing in the minds of the separating parties.
During a divorce mediation, following are the things that you must discuss with your soon to be ex; these are the basics everyone needs to figure out; add more to it depending on your individual case:
- Details of your assets: this includes property, capital saved in banks and if you own a business or empire. Talk about the distribution in clear transparent ways.
- Child Custody: when you have kids involved, one of the most significant factors to take into consideration and talk about before a separation is the children. Would both parties share a joint custody; would one of the parents have complete custody, in which case what would be the parenting time for the other. People often miss dividing holidays, it is of supreme importance you figure these issues in your divorce mediation to avoid any frustrating unpleasant consequences in the future.
- Child Support/Maintenance: in case one of the parties are earning more than the other, would they be liable to pay child support to the other parent. Also, don’t forget to discuss alimony or monthly maintenance remuneration during your divorce mediation.
- Retirement Plans: if you and your now to be ex-spouse had been working towards a retirement plan, cushion money or had made investments to benefit you both post-retirements, bring that up while settling other financial issues.
- Taxes: in case you both share a lease, have had a home together, from which one party would be moving out of course – how would you be managing property taxes. These are significant issues that separating parties need to talk and resolve among themselves and a divorce mediator would maintain a neutral amicable environment for these negotiations.