Family Law Blog

Things to Remember If You Are Considering Divorce Mediation

Tuesday, May 26, 2015

Divorce mediation is a much-recommended way to come to an agreement and a divorce settlement, without having to go through the court system. However, just because you have decided to take the mediation route, doesn't mean that you do not need legal advice. It is important to retain a lawyer, and seek his advice so that you don't end up making the wrong decisions for yourself.

Also remember that mediation is not all about compromising your interests, and agreeing to everything that the other party asks for. You may want to avoid a nasty divorce, and may want to avoid exposing your children to the kind of negativity that can arise during a divorce if you are unable to resolve your disputes. Remember however, that your divorce settlement is permanent, and must last you the rest of your life. Modifications to child custody agreements may not be very easy later, especially if you cannot provide a solid reason for the modification. Asset division cannot be reversed, and you may be stuck with the financial settlement.

Ensure that the mediator is not biased towards you. Mediators are supposed to be neutral, but sometimes bias can creep in, and that bias can be detrimental to the person who is at the receiving end.

If you are a submissive kind of person, and are used to giving in instead standing your ground, mediation is probably not best for you. You are likely to have your rights compromised, and your spouse could still end up walking all over you. Make sure that mediation is the correct choice for you, and is not something that your spouse is forcing on you.