The Divorce Mediator’s Job
If you and your spouse decide to complete the divorce process through mediation, you will work with a divorce mediator to reach an appropriate, equitable divorce settlement. Although many divorce mediators are lawyers, your divorce mediator will not act in this role. Rather, he or she will act as a neutral third party who does not work “for” you or your spouse, but for a fair resolution to your divorce.
The Mediator Is There to Guide You Toward a Fair Settlement
In mediation, you and your spouse work with the mediator to reach agreements about your divorce settlement. The mediator acts as a guide to these conversations, asking questions about your marriage and divorce goals and helping you and your spouse work through your disagreements. You and your spouse will negotiate with each other under the mediator’s guidance.
A Mediator Asks Questions to Provoke Thought and Gain Insight
Arrive at your mediation sessions prepared to answer questions. The questions you could receive include:
- What are the current balances on your credit cards?
- What is the value of your home?
- What are your child’s current personal needs?
- What is your current annual income?
These questions come after you and your spouse each provide a brief statement about your perspective of the marriage and divorce. The mediator may ask questions to follow up these statements in order to understand your positions better.
The Mediator Is Not a Judge
Once you and your spouse sign your mediation agreement, it is legally binding. You must comply with its terms. A mediator is not a judge, though. Although he or she can file your divorce paperwork and help you with the legal aspects of your divorce, he or she cannot make rulings on your divorce – just guide you toward your own rulings.
A Mediator Is Not a Marriage Counselor
A mediator will not help you stay married. When you work with a divorce mediator, it is understood by all parties involved that your marriage is over and you are working your way out of it.
After determining the areas where you and your spouse agree, the mediator will start discussions about the areas where you disagree. During these discussions, your mediator will ask specific questions about these areas and suggest compromises. If you need more information about a specific issue in order to reach an agreement about it, the mediator can help you obtain that information. For example, you might need to have your small business valued before you can determine whether a buyout is appropriate.
Work with an Experienced Kane County Divorce Attorney
Your mediator’s job is to help you and your spouse reach a fair divorce settlement through cooperation and mutual understanding. Your divorce lawyer’s job is to make sure your rights are protected through the divorce process and that all legal processes and forms are handled correctly. To start working with an experienced Kane County divorce lawyer, contact Shaw Family Law, P.C. at 630-584-5550 today to set up your initial consultation with our firm.