Divorce Mediation – Can I Keep My Rights If My Spouse Fails To Compile An Answer For me During Divorce Mediation?
Divorce mediation is among the most commonly used techniques of negotiating a divorce resolution. In divorce mediation, you or your spouse or, if you and your spouse agree, both of you and a neutral third person, called a neutral mediator, meet with you in an attempt to discuss and possibly settle all the legal issues in your divorce proceeding. Divorce mediation is a much faster and less expensive alternative than going to court and trying to present your case to a judge and jury in its own small-group format.
It is not a guaranteed result. Divorce mediation is not an exception to the rule that guarantees an unsatisfactory outcome. There are many cases in which it has been determined that divorce mediation was successful, but many other instances where it has failed. No one can predict what your situation will be several months or years from now. Because divorce mediation is such a short process, it is understandable that many people feel anxious and do not wish to proceed if they do not have absolute confidence that the mediation process will lead to a satisfactory outcome.
During a divorce mediation, your spouse and the neutral third party cannot come between you and the other spouse. If either you or your spouse tries to bring someone else into the discussion or decide about the settlement based on who is present during the meeting, then you are committing a bad mistake. You are asking the person you are talking with to give you an opinion about something that takes place between you two. And if the other person you are talking with is not a neutral third party nor does he/she have any vested interest in the outcome of your divorce settlement, then it is very likely that you will get an unfavorable opinion about your case.
There are several things that you can do to make sure that you will have a good experience during your divorce mediation session. The first thing that you should do is thoroughly review all information about the divorce mediation process prior to you scheduling the first meeting. If you don’t know much about the entire process, then it may be prudent to consider asking a third party to represent you. That way, you will get an honest evaluation of what you can expect from your divorce mediation.
A large majority of couples mediating each day use some type of online divorce website to find out more about the process and get some helpful divorce advice. This is a great way to begin educating yourself about how divorces work and a great place to learn about what potential problems could occur before you ever meet with a divorce mediator. Most websites will also provide information about how to get started with mediation and whether or not it is a good idea to hire a professional divorce mediator.
One common reason for people not using a divorce mediation is because they fear that using the services of a divorce mediator will mean that they will have to disclose their entire situation in front of another person. Divorce mediation is intended to be a confidential, intimate setting. As such, any issues or questions that you may have are completely safe from disclosure. In fact, many divorce mediation professionals actually encourage individuals to keep their discussions and interactions as “minutes of a conversation”. While it’s perfectly alright to take questions or requests, it’s not recommended to make everything about the divorce process available to the mediator.
If you have a good relationship with your spouse prior to beginning divorce mediation, it may be easy to see why they may be willing to cooperate with you. However, keep in mind that if your spouse does not feel comfortable disclosing everything about their personal life, then they may be just as uncomfortable when you ask them to do so during divorce mediation. It’s important to realize at this stage that it is very important for your divorce mediation to remain strictly confidential. If your spouse feels uncomfortable talking about the divorce proceedings, then they may try and “pep up” their friend by revealing little-known details about their personal life, which could lead to the “other” party feeling defensive.
The bottom line: if you find yourself in a divorce mediation where one spouse does not feel comfortable discussing matters related to the divorce, and the other spouse is willing to do so, then it’s highly likely that the spouses will reach a satisfactory resolution. Unfortunately, this doesn’t always happen. Sometimes spouses won’t be open about their problems or they may try to downplay their role in the problem. If this happens during a divorce mediation, then you’ll need to contact your attorneys to ensure that your interests are properly represented.