The Most Common FAQs for Ohio Divorce Mediation
Most divorce cases are settled before going to trial, which means that only about 5% of divorce proceedings go to court. One of the most common ways to settle your divorce without trial is with Ohio divorce mediation.
Divorce mediation makes it much easier to retain control over your divorce rather than asking a judge to decide for you. It also provides many other benefits as it is less expensive, and you can often resolve your issues faster.
What Is Mediation?
What is divorce mediation? It is an alternative to a divorce trial that allows you and your spouse to discuss your disputes about your divorce. It will enable you to work with a third-party facilitator, known as a mediator, to explore potential solutions.
While this makes it easier to retain control over your divorce process, mediation still requires a certain level of compromise. It would be best if you were willing to compromise on issues that are not as important to you to get a solution to a problem you care deeply about.
The mediation process requires both parties to seek a mutually agreeable resolution, so it is an excellent option if you and your spouse are trying to divorce amicably.
What Is the Mediation Process?
The mediation process has several different stages and steps.
First, you will start with the introduction. During this step, your mediator will go through the formalities of mediation and help you know what to expect. This includes the details of mediation, ground rules you need to follow, and more.
Next, the mediator will discuss the problem with each party. This way, they will begin to understand each party’s legal positions and interests from their own perspective.
Once the mediator understands the issues, they will discuss them with both parties. This way, both parties can devise solutions and different options to resolve the issues.
The mediator can confirm the agreement if they can come up with an option that satisfies both parties. Otherwise, they will facilitate negotiations until both parties have a mutually acceptable alternative.
After settling the issues, you and your lawyer can review and execute the settlement.
Who Is Involved in Mediation?
When it comes to the mediation process, there are several parties involved in the negotiations.
In a typical divorce, both parties have their attorneys, and each will have their attorney speak to the other party to discuss post-decree matters.
However, mediation is a slightly different process. Instead, you will work with your attorney and have a third-party, neutral mediator to help you discuss your issues with the divorce proceedings.
What Is a Mediator?
A mediator is much like a referee during divorce proceedings. A mediator is an entirely neutral party whose primary goal is to help you and your spouse come to an agreement.
They will not make any decisions about your divorce proceedings and do not provide any legal advice. Instead, they only provide an outside perspective and offer legal information pertinent to your case.
After the mediation process, your mediator will create a mediated agreement, which is used to terminate your marriage.
What Types of Issues Are Discussed During Mediation?
Many different issues are discussed during the mediation process. The issues can differ depending on your unique situation and the specific issues that you and your spouse are having during your divorce.
One of the most common issues that mediation can help with is the division of marital assets and debts. This includes property, savings, and other assets that you have.
Another common issue in divorce is negotiating child custody. How will you split up time between parents if you have children? How much child or spousal support will your spouse owe you for this custody arrangement?
Anything you and your spouse disagree on will be discussed during the mediation process to find a solution that you are both happy with.
What Are the Benefits of Mediation?
There are many reasons why those seeking a divorce choose to do mediation with their spouse and their attorneys.
First and foremost, mediation is a much gentler approach to ending a marriage. For the most part, it allows you to discuss the end of your marriage and come to a solution that you and your spouse both agree on.
It makes it easier to divorce amicably and can help you prevent many negative emotions associated with divorce.
Not only does mediation make the process gentler and smoother, but it also makes it easier for you to have control over your divorce agreement. In a traditional divorce trial, a judge will decide on issues like property division, child custody, and more.
With mediation, you and your spouse can agree that you both feel it is fair.
Mediation is also a much more affordable alternative to litigation. Because you will work with a single, neutral mediator, fewer individual meetings with your attorneys will be required. Plus, court fees can be quite expensive during trial proceedings. When you avoid going to trial for your divorce settlement, it will be much less expensive.
How Long Does Mediation Take?
The mediation process can be lengthy, especially if you and your spouse cannot come to a mutually agreed upon arrangement.
You can expect at least three mediation sessions, each lasting a few hours. If you and your partner can reach an agreement quickly, you will be able to settle this much faster.
You also need to understand that the complexity of your case will play a significant role in how long your mediation takes. For example, if you have many shared assets with your spouse, it will be more difficult to split them fairly.
How Much Does Mediation Cost?
Mediation costs will depend on several factors, including the complexity of your divorce and how well you and your partner can reach an agreement.
The longer you and your partner discuss your issues, and the longer it takes to agree, the more your mediation fees will add up.
Not only do you need to know how much mediation costs, but you also need to determine which party pays the mediator. Both parties are responsible for paying equal parts of the mediation costs in most cases.
This may not be the case if you and your spouse agreed to the mediation costs or the court ordered a specific party to pay the mediation fees.
Still, mediation fees are typically much less expensive than the traditional cost of a divorce. You can schedule a consultation with your mediator to learn more about the hourly cost of mediation before you start the process.
What if You Don’t Reach an Agreement?
If you cannot agree with your spouse during the mediation process, you will likely need to move forward to a divorce trial in court.
If you don’t want to go to court, you can start the mediation process again or continue to negotiate with your partner on your own until you reach a settlement.
How Should You Choose a Mediator?
If you are interested in divorce mediation, finding a reliable mediator can help you achieve the best results from your sessions. You must find a neutral third-party mediator so that you and your spouse can find the best solution for the issues you experience at the end of your marriage.
Often, mediators need to be qualified by your state courts to perform mediation, proving that they have the necessary credentials to conduct your mediation.
You can also find a reliable mediator by getting recommendations from others. For example, your lawyer may have a mediator they work with regularly and suggest using their services. Or, you may have family members or friends who have gone through the divorce process.
Lastly, you must consider the experience of your mediator. How long have they been practicing mediation for divorce proceedings? What percent of their cases were settled successfully out of court?
Looking for Help With Ohio Divorce Mediation?
Going through a divorce proceeding can be an overwhelming and stressful life event, especially when it goes to trial. You should try mediation to maintain more control over the end of your marriage and have more of a say in your settlement.
If you are looking for help with Ohio divorce mediation, Next Page Mediation can help! We can help you achieve an affordable and peaceful ending to your marriage through mediation.
Contact our team to schedule a consultation and to learn more about the mediation process for your divorce in Ohio.