When problem-solving is handled through the courts, the process by nature is positional and competitive. However, when you opt for mediation, the divorce process becomes focused on the needs of the individuals involved with the primary focus being on how the outcome impacts the family. At Wirtz Legal Solutions, LLC, we take the time to explain to our clients the benefits of mediation. The mediation process is focused on privacy, confidentiality, and problem-solving.
Role of a Mediator
The role of a mediator is to provide information and act as a guide. The mediator ensures the couples understand the process, identify the issues to discuss, guide the discussions, and help generate options to address the issues the couple faces. Attorney mediators are not allowed to provide individual legal advice during the process to either person. We recommend that both people have an individual legal consultation before entering into mediation to terminate a marriage.
Mediation may occur with parties who have hired their attorney or parties who are representing themselves. The parties communicate with one another directly in the presence of the mediator. The mediator is tasked with facilitating a resolution between the parties. The end goal is for the parties to reach an amicable agreement that meets their needs and the needs of their children. The benefit of mediation is the financial and emotional costs of a court battle are typically minimized for both parties.
Attaining Your Goals Through Mediation
Because the ultimate aim is to allow the spouses involved to reach a final agreement, the mediator’s role is to gather information from both spouses and attempt to reach a settlement. While this may seem very straightforward, at Wirtz Legal Solutions, LLC, we know there are numerous issues to be resolved. Some of these issues can include:
- Division of martial property
- Child custody and parenting plans
- Child and Spousal support payments
- Resolution of martial debt
The mediator will begin the process by identifying what each party expects. From there, the process will involve the spouses discussing possible options and ultimately come to an agreement that meets their needs. As each issue is resolved, the mediator will record the areas of understanding before proceeding to the next point. All agreements will be put in documents referred to as a memorandum of understanding.
For some couples considering divorce, mediation provides a win-win outcome for everyone involved. At Wirtz Legal Solutions, LLC we have found this process is often the best option for couples who are willing to work together to resolve their issues with independent third parties rather than get individual attorneys involved. Contact Wirtz Legal Solutions, LLC, and we will explain this process further and help you determine if mediation is the right option for dissolving your marriage.