If you’re facing divorce and wondering if mediation would be something of benefit in your situation, you should know that one of the very best aspects of mediation is that it’s completely voluntary and is not legally binding if one or both spouses are unhappy with the outcome.

Some couples, particularly when one is fearful that mediation will favor the other spouse, opt for dual mediation, with one male and one female mediator handling their case.

The mediation process takes place in a setting that’s far less adversarial than the typical courtroom and also allows the couple to set their own pace, progressing through the issues without being restricted to the legal protocols that attorneys must follow.

Divorce Mediator Duties and Training Requirements

Divorce mediations are usually attorneys who specialize in matters of family law, or are also often family counselors and therapists who mediate as well. Certified public accountants and financial planners or advisors may also be trained in divorce mediation.

While the exact requirements vary by state and even by different court systems, in general, a mediator must have completed a certain amount of hours of training, which your local bar association will have detailed information about as well as referrals to qualified mediators.

Some of the important tasks a mediator is trained to handle include having an unbiased opinion while hearing both sides of the issues at hand, being able to understand the personalities involved and how to detect and diffuse power struggles.

Mediators also facilitate discussions and focus on resolving issues for the future instead of what has occurred in the past, ultimately bringing both parties to an amicable settlement agreement to file in court.

When Mediation Isn’t the Answer

Although divorce mediation has given countless couples the opportunity to quickly and inexpensively end their marriage with both parties being accepting of the outcome of the terms of the divorce, there are still some situations when mediation is not the best choice.

If there is any type of abuse taking place in the marriage, or if the partners are completely unable to speak to one another due to issues such as deep rooted feelings of resentment and anger, mediation isn’t the answer as a mediator is not meant to be a family counselor, but rather a bridge between divorcing spouses giving them a non-threatening platform in which to meet half way.

If your exact financial situation is not known, including both incomes, every asset such as retirement and pension plans, savings and checking accounts, IRAs, stocks, bonds, CDs, as well as the value of property and vehicles, then you should be aware that a mediator lacks the authority needed to reveal and uncover the value of all assets.

Attorneys also lack that authority, but, they have the ability to file an order in court, asking the judge to rule that one or both spouses reveal their financial worth and issuing ensuing penalties for any refusal to cooperate or for any misinformation given.

Knowing the instances when mediation may not be the best case scenario gives couples the knowledge needed to rectify their situation before heading to court and litigating the terms of their divorce at a far greater expense, in terms of both money and time.