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Mediation is a voluntary process so it is only possible if both sides agree to it. The mediator will talk to both sides to ensure their agreement.
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The mediation process encourages communication, identifies issues, explores options and assists mutual problem solving. This promotes positive relationships and increases participation between parties.
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A collaborative divorce lawyer must make full disclosure, and correct and mistaken assumptions on the part of the other party. And the lawyer must insist that his or her client do so as well. In cases involving children, these laws can attempt to ensure the matter does not spill over into the family court system. In many jurisdictions, they require divorcing parents to submit a parenting plan spelling out each party’s rights and responsibilities.
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Divorce may represent the end of a marriage, but it does not represent the conclusion of parenting duties. Child advocates are present to ensure that the interests of the children are kept in high regard while the future is being laid out between the two parties. Mediation is not always easy – it can be challenging and uncomfortable. It is also common for parties to feel part way through the mediation that they are wasting their time, that the other side are not prepared to give anything at all and that they might as well leave. However, even in some jurisdictions whose laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support. Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party. Many divorce cases that end up in court may in fact better be served by a process known as collaborative divorce. This option could save time and money, while simultaneously resulting in an outcome that is favorable for both parties involved.
