Mediation
A mediator helps you to focus your energy on the new life you’ll be building,
not on fighting over past indiscretions or horrors. And since mediated
settlements and arrangements reflect a couple’s agreement to take ownership
of their relationship as parents and ex-spouses, mediation brings a higher
level of long-term success.
Of course, not everyone enters mediation with the ability to put the
divorce in a nice tidy place and deal with maturity and without negative
emotion. While it won’t take the hiss and spit out of a thoroughly nasty
divorce, mediators are trained to deal with volatile situations. They
will focus on the same issues that would be examined by the court: spousal
support, asset distribution, child custody, property settlement, and parenting
plans. The difference is that with a mediator it is you and your STBE
who decides on what is fair.
In choosing a mediator, perhaps the most important issue will be the
mediator's style. Some are highly directive, offering evaluation of the
likelihood a judge will sign off on one or another option in court and
giving you concrete proposals for resolution of conflicts. Others opt
for empowering a couple to make their own choices through deft questioning
and discussion. Neither is right or wrong in theory, but one or the other
may be more right for you and your STBE. So as you’re shopping around,
ask mediators to discuss their approaches.
Don’t make the mistake of thinking that going through mediation eliminates
your need for a lawyer. Good mediators recommend that each client consult
with a lawyer at some point during the mediation and before signing anything.