Some divorce cases require mediation to arrive at a divorce agreement. Instead of just letting the attorneys hash it out over the phone, the couple can meet with their attorneys and discuss the terms of the divorce. If mediation leads to an acceptable agreement, the couple could finalize their divorce quickly. If not, the process could become far more complex.

Hire An Attorney

If the individual facing mediation doesn't have an attorney, they need to set up consultations with attorneys until they find a suitable attorney. Mediation is a process that requires legal representation, and no one should ever go into mediation without a lawyer to help them.

An attorney can negotiate with their spouse and their attorney, and these negotiations could prevent the divorce from getting transferred to the court. If you need a new lawyer, get started by setting up an appointment right now.

Draft a Memorandum for Mediation

The memorandum for mediation explains the entire background for the marriage, the children involved, and other details that are vital to the case. For example, if either party was arrested for domestic violence, the details should appear in the memorandum to inform both attorneys of these crimes and how the criminal case is proceeding.

The lawyers need to know if one party is pregnant or if there are any special circumstances that apply to the case, such as whether either party is a member of the armed forces and will deploy soon.

Create the First Offer

The first offer must include the initial terms of the divorce agreement and cover all aspects of concern. The offer should outline how the client wants to divide the marital assets, who gets child custody, parenting time schedules, and details about how debts or taxes are managed.

When meeting with their spouse and their respective legal representative, both parties can review the offer and discuss their feelings and areas where they may compromise. The goal is to arrive at a divorce agreement that is amicable and acceptable to both parties.

Discuss Problem Areas With the Attorney

The couple could meet several times before reaching an agreement. The attorneys can negotiate over the phone after the couple has met for the required time during the mediation. Whenever possible, the attorneys try to get each party to agree to the terms and finalize the divorce. If they can't, the couple must attend a divorce trial. During a divorce trial, the judge makes all decisions. The proceedings could last up to two years.

Determine If Court Protection Is Needed for the Family

If either party is a victim of domestic violence or their children were, the court provides a protection order. The aggressor identified in the order must comply with the terms of the order. The court can extend the protection order for many years after the divorce is finalized. The nature of the crime and the victim could determine which party gets child custody.

In a divorce case, some couples need to attend mediation if they cannot arrive at a divorce agreement on their own. The mediation process allows each party to discuss the division of marital property, debts, tax filings, child custody, and child support. The terms of the divorce outline all these aspects of the divorce case. By reviewing how to prepare for mediation, clients know what to expect.