• 18
  • June
    2010

Today's post will continue Wednesday's discussion of the divorce mediation process ...

Are we viable candidates for divorce mediation?

Unfortunately, there is no simple answer to this question. Whether you and your former spouse are viable candidates for divorce mediation depends entirely upon the dynamics of your relationship.

For example, if you and your former spouse recently separated, it may be too early to consider divorce mediation. You will more than likely need some time to process all that has occurred and decide how you want to proceed. Likewise, if you and your former spouse separated some time ago on particularly bad terms and have since remained hostile to one another, the idea of coming together to resolve child custody, spousal support or property division issues may simply be unrealistic.

However, divorce mediation can be incredibly productive for those couples who wish to resolve their issues efficiently and effectively. In fact, it is not uncommon for former spouses who have fought one another through the court system for quite some time to finally decide to resolve their issues via mediation. The emotional and financial toll may simply prove to be more than they can handle.

Who is in charge of selecting a mediator?

When it comes to selecting a mediator, there are basically two options: you and your former spouse select your own mediator, or you and your former spouse are assigned a mediator by the court.

In the event you and your former spouse elect to choose (and subsidize) your own mediator, your respective attorneys will more than likely come together to discuss the selection of a mutually acceptable mediator. If your spouse agrees to the mediation but is unwilling to share the cost, the selection will more than likely fall to you.

If you and your former spouse agree to use a mediator appointed by the court, there will probably be no cost. However, he or she may not have the desired experience or specialty.

Related Resources:
  
• Divorce Truths: Mediation: An Alternative (DivorceSource.com)