The Importance of an Unbiased Mediator during a Divorce
Jan 03, 2021 16:54
A divorce is always hard on both parties. Keeping emotions under control during the discussion about important financial and emotional matters may be hard for both spouses. Tempers may flare and emotions may get the better of them no matter how sure they are about the divorce. In these cases, it is better to have an unbiased third party available to mediate the discussion. Mediators can help in such scenarios. Who are they? What do they do? Should you get a mediator if you are in the middle of divorce proceedings? For answers to all these questions, read on.
Who Is a Mediator?
The process of mediation involves the direct interaction of the spouses to find solutions to financial and practical problems that may be affecting them both. An unbiased mediator helps both parties to articulate their needs and concerns better. Mediators clarify the perspectives and points of view of the other party so there is clearer communication between them. The job of a mediator is to ensure that the final terms agreed upon by both parties is a fair one. They are impartial and do not have a vested interest in the gains or losses of either parties involved in the divorce proceedings.
What Do Mediators Do?
When a couple is divorcing then there might be a slew of matters regarding which they have to make important decisions. Points of views of both parties are necessary to come to final decisions on matters like spousal maintenance, property distribution, child support and future parenting arrangements and many other things. Decisions about such matters are reached on following a discussion between both parties. This is where mediators are helpful.
They make the discussion easier by presenting an unbiased perspective on the potential outcomes of the mediation. The mediator’s only concern in the mediations is to maintain fairness to both parties. Whatever terms are agreed upon by the spouses are compiled in a document that is termed as the separation argument. This document is prepared by the mediator who is witness to all the discussions between the couple after which they have made the decisions. So, in a sense, a mediator mediates the separation agreement mediation. Once the separation agreement has been notarized and signed by both parties, it becomes a legally binding document the terms which must be kept by those involved in the divorce proceedings.
The Role of Lawyers and Mediators in Divorce Proceedings
If you are going down the mediation route that does not mean that a lawyer is not necessary. A lawyer may be consulted by either or both parties involved before or during mediation proceedings. Once the separation agreement is drawn and before it is signed, a lawyer may be called upon to review the terms of the agreement. The process of mediation is seen as a collaborative effort among lawyers, mediators and other legal professionals so both are equally important.
Even the most amicable of divorces include a huge amount of discussion to reach decisions that are mutually beneficial and practical. The process of reaching these decisions is known as mediation. It involves the presence of an unbiased third party so that the discussion can take place smoothly and the final agreements are not biased towards one party or another. This is what a mediator does. After the discussions conclude, the mediator draws up a separation agreement that states all the decisions that the couple have reached during the course of the mediation. This is a legally binding contract that dictates the terms of the relation between the couple from then on. So, a mediator is very important.
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