The same issues are addressed in divorce mediation that are addressed when a couple divorces through litigation in court. The biggest difference is that the parties are not adversaries in the traditional sense, but are working toward a resolution of their legal issues. It’s not necessary that the mediating couple is on amicable terms. While it is always a plus when Husband and Wife treat each other with mutual respect, it is the mediator’s job to find common ground and creative compromise and solutions to unique situations and circumstances. The parties don’t need to gain a tactical advantage as litigators do. The key is education on the law necessary to make knowing and intelligent decisions for your own family.
What’s missing in mediation that is part of the litigation arena is the fighting. The parties’ assets are valued and divided according to the law of that state. The parties’ debts are also addressed and allocated. Your attorney mediator will work with your budget to ensure that you can afford the decisions you are making. Child support is calculated according to the relevant guidelines, and the issue of alimony is addressed and mediated according to the state law. The visitation schedule regarding parenting time is drafted and any other issues which need to be decided in order for you to arrive at a reasonable and fair Settlement Agreement are addressed and resolved.