Post Divorce Mediation

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After a divorce is granted, there might be alteration in the circumstances of the divorced partner. Due to this, they might need some change in the Final Judgment of Dissolution with respect to topics like spousal support, child support, visitation, and child custody. In order to deal with these changes, mediation is the appropriate technique. The intent of this mediation is to reconcile the static formalities of the judgment with the dynamic reality of life. During mediation, one must make sure that they do not keep too rigid or too reluctant attitude.

Examples when Post Divorce Mediation might be necessary

Some select situations are as follows:

  • The income of one or both parents alter drastically
  • One of the parents does not agree with the relationship choices of the other parent
  • Either parent disagrees with the lifestyle choices of the other
  • A boy, who is aged 16, suddenly states that he does not wish to reside with the custodial parent
  • A child was quiet and conventional, when he was 10 years old. However, when he became a teenager, he transformed to be a rebellious and wild youth.
  • An employer desires that either parent should be transferred to another place
  • One parent has changed his or her employment and this demands a reworking of the entire schedule

Steps in post divorce mediation

  • A series of joint meetings are planned
  • The number of these meetings is dependent on the requirements of the partners
  • Prior to attending these meetings, the participants must collect all financial, legal, and other relevant information
  • The locations and timings of the meeting are decided by the partners
  • During the meeting sessions, the various issues are identified, talked about, narrowed down upon, and solved
  • Eventually, the partners reach an agreement regarding all the issues in dispute
  • The mediator develops a draft of an altered order
  • Each partner submits the draft order to his or her respective financial and legal counsel for review
  • If the counsel suggests any alterations, these are again discussed. The final changes are included in the final form.
  • It is the responsibility of the mediator to prepare and file the final order along with all the relevant legal documents
  • The court enters and records the final order and dispatches copies to the partners

Post divorce mediator's role

  • Assist the ex-spouses to talk productively on tough topics
  • Offer relevant legal information
  • Assist the ex-spouses to reach mutually acceptable solutions
  • Disclose what are the consequences if the partners fail to reach an agreement during mediation
  • Help the ex-partners to develop an agreement that is consistent with the principles of fairness and justice
  • Generate ready-made options for resolving conflicts between the ex-partners and reveal these to them
  • Draft the specific order
  • File the essential documents in court

A post divorce mediator is not expected to perform the following:

  • Exercise control over the agreement that is being made by the ex-spouses
  • Offer legal advice to either ex-partner (for this, the mediator must keep in mind that he or she does not represent either partner)
  • When the ex-spouses are making some choices during the discussion, the mediator should not make judgments on their behalf or advise these spouses
  • The mediator is not responsible for safeguarding the rights of the divorced partners. If one is not aware about what they are rightfully entitles for, then they need to take guidance of their attorney. The mediator will not provide any sort of guidance with reference to the rights of the divorced partners.
Mistake made during after divorce mediation:
  • Sometimes the divorced partners or one of the partner becomes too rigid during the mediation. It is important that partner understand the complexity and seriousness of the situation and discuss matters in such a way that they lead to a common agreeable conclusion.
  • It may happen that one of the partner may get too stressed with the post divorce complications and decide to give into the demands made by the other divorced partner. It is important to understand that during mediation one must not be too reluctant.
The post divorce mediation is an important step if the couple has some disagreement post divorce and need mediation to get these issues sorted. It is essential to keep the right attitude and discuss the complex issues appropriately. The mediator should be able to help make the conversation productive so that the issues are solved.

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