What Is
Divorce Mediation?
Susan Castner, J.D.
Divorce mediation is an alternative form of dispute resolution available
to divorcing parents and couples. In addition to resolving disagreements,
mediation helps a mother and father restructure the family in a way that
benefits children. As a form of dispute resolution, mediation lowers the
high financial and emotional costs associated with litigation. Couples
have an opportunity to share their story with each other, to explore creative
options, and to take control of the outcome of their disagreements. If
the agreement is not satisfying to all participants, the couple still has
the option of litigation. Safe and constructive, mediation protects the
legal rights of both people.
How Does Divorce Mediation Work?
Couples meet with an impartial third party who assists the couple in communicating
their needs and concerns clearly and simply. The mediator must guide the
parties through a process of talking about the issues, expressing their
concerns, and finally generating options for resolution. Depending on the
number of issues involved, mediation can be completed in 2 to 12 sessions.
All disputed issues can be resolved in mediation, including custody, visitation,
child support and property settlement.
How Does Mediation Benefit Parents?
Each parent has an opportunity to be heard and to share their story. Divorcing
people with children are actually restructuring their family and even though
they are divorcing, they will always be parents to their children. Mediation
helps parents find a way to maintain a healthy parenting relationship,
while changing the shape of their personal relationship with each other.
Mediation is usually less expensive than the traditional court-based litigation
of disputes. Parties have the opportunity to take full responsibility for
their decisions and provide the necessary framework for restructuring the
family. Through this process, hostility is reduced and parents learn new
ways to communicate with each other.
How Does Mediation Benefit Children of Divorce?
When parents learn to communicate better, children benefit. Parents are
role-models for their children, and children imitate what they see. If
children see good communication between their parents, they will learn
how to communicate better. Statistics show that children of divorce adjust
better to the new family structure when there is cooperation between their
parents.
More Mediation Information:
Mediation and Communication Skill Training
Resolution of long-standing family disputes
Guardianship Mediation
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©1996 - 2006 Susan Castner
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