Process
Breakdown
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Agree to Mediate: Both parties must agree to engage in the mediation process, which involves working with a neutral third party (the mediator) to negotiate a settlement agreement that both parties can agree upon.
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Gather Points of View: Each party is given the opportunity to express their views and concerns about the issues that need to be resolved in the divorce, such as child custody, spousal support, and property division. The mediator will listen to each party's perspective and facilitate constructive communication between the parties.
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Focus on Interests: The mediator will help the parties identify their underlying interests and needs, rather than just their positions on the issues. This can help to uncover common ground and potential solutions that may not have been apparent before.
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Create Win-Win Options: With the parties' interests in mind, the mediator will help the parties generate options for resolving the issues that meet both parties' needs. The goal is to create a settlement agreement that both parties feel is fair and reasonable, and that will meet their needs in the long-term.
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Evaluate Options: The parties will evaluate each option to determine its feasibility and potential consequences. The mediator may help the parties to analyze the pros and cons of each option and to weigh the benefits and risks of each. The parties may then refine the options and work towards a final settlement agreement.
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Finalize Agreement: Once the parties have reached a final settlement agreement, the mediator will help the parties to formalize the agreement in writing. The agreement will be reviewed by each party's attorney, if they have one, before it is signed and submitted to the court for approval.