Divorce mediation is legally required in any contested divorce that takes place in the state of Utah. Decisions made in mediation sessions are less formal than courtroom decisions, and are intended to facilitate an agreement between divorcing spouses outside of a courtroom setting. Agreements reached in mediation sessions are often better for both parties because they’re the product of a collaborative effort.
Although mediation may sound uncomfortable or painful a midst the events of a divorce, many couples who reach an agreement in mediation find that it is easier to maintain a cooperative relationship with their ex-spouse after the divorce. For couples who have children, this type of cooperation is crucial. Proper preparation is important to the mediation process. Participants who come adequately prepared may find it easier to reach an agreement, and in less time. Follow these steps to prepare for mediation.
Agree with your spouse to mediate.
Although mediation is a legal requirement if your divorce is contested, couples who agree to mediate for their own benefit are more likely to cooperate and reach a fair resolution. This means coming to mediation sessions with a clear head and level emotions, openly showing desire to reach an agreement through mutual trust. Be ready to participate in an active and productive discussion.
Many couples will find this step difficult, but it’s important to remember that reaching an agreement through mediation is often better than resolving problems in court. Participating in mediation is less expensive than going to court. In addition, decisions made inside the courtroom are more formal, less flexible and less tailored to the needs of the individuals involved.
Find an attorney who will represent you.
Divorce is a complicated legal matter that many couples are unable to properly navigate on their own. By providing guidance and perspective, attorneys help their clients understand the long-term consequences of their actions. This is particularly true in contested divorce cases, because many people are unaware of the ways in which they are protected under the legal system. Find an attorney before your mediation session so you can come prepared with realistic expectations and a deeper understanding of your rights.
Gather all necessary documents and information.
In addition to legal and emotional preparation, involved parties must gather their paperwork before mediation. Anyone undergoing a divorce must be prepared to make disclosures of their assets.
During mediation, divorcing spouses will discuss financial matters such as child support, alimony, property division and more. To make the most of the time spent in mediation, both parties must prepare to make a case for their financial needs. Some of the important documents to gather before mediation include:
• Financial statements
• Tax returns
• Payroll stubs
• Expenses list with supporting documentation
• Wills and trusts
• Stock options
• Investment account statements
• Life insurance policies
There are many more documents that can (and should) be brought to mediation. For a complete list, speak with your attorney.
Make a parenting proposal.
If children are involved, you’ll need to think through all possible child custody plans before your mediation sessions. Have the details and logistics of each acceptable plan written down so you can refer back to your proposals during the meetings. You will need to take your housing and work situation into consideration as you formulate these proposals, and always keep in mind the best interests of your child. Work with your attorney to formulate these proposals, to ensure that your plans are realistic and viable.
Like other decisions and agreements reached in mediation, keep in mind that the parenting plan will need to be agreed upon by both parents. Writing a plan does not guarantee acceptance from the other parent. Some compromise will likely be involved. Understanding this will help you reach an acceptable plan during mediation.
Proper preparation is important to the mediation process. When participants have adequately prepared for their mediation session, they may find reaching an agreement to be faster and easier. For more information about divorce mediation, contact the experienced divorce mediation attorneys at Jennings and Medura Law Firm.
