What Should I Expect During the Divorce Mediation Process in Virginia?

According to data from the American Psychological Association (APA), divorce between 40 and 50 percent of the time. A divorce does not have to turn into a terrible, bitter fight, but that is a risk. Divorce mediation is a tool that couples can use to resolve their case in a low conflict manner. To get the most out of the divorce mediation process, it is imperative that you are properly prepared. Here, our Virginia divorce mediator explains what you can expect from the process.

Divorce Mediation is a Voluntary, Confidential

Broadly explained, family mediation (including divorce mediation) is a voluntary form of alternative dispute resolution (ADR). Some divorcing couples opt to enter mediation on their own. Others are referred by a court. Still, no party can be forced to reach an agreement. As a general rule, divorce mediation proceedings in Virginia are confidential. That means that statements made during mediation are generally inadmissible in court under Virginia law. That protection allows parties to negotiate openly and in good faith without fear that concessions will be used against them later.

You Must Select a Mediator (A Neutral Facilitator, Not a Decision Maker)

Before divorce mediation begins, you and your spouse must select a mediator for your case. A mediator is a third party who will be impartial. He or she cannot and will not advocate for either spouse. The role of the mediator is facilitation. It involves guiding discussion, identifying issues, and helping the parties evaluate options. In other words, legal advice does not come from the mediator. Further, the mediator does not have the power to make any final decision in your divorce case.

Note: You can and should be represented by a Virginia divorce lawyer during mediation.

Full Financial Disclosures are a Must for a Meaningful Negotiation

Mediation depends on accurate financial information. Virginia equitable distribution law requires identification, classification, and valuation of marital and separate property. Among other things, parties should be prepared to make disclosures regarding things like income, assets, debts, retirement accounts, and business interests. Incomplete or inaccurate disclosures undermine the mediation  process. Not only can they make negotiations harder, they can even invalidate an agreement if one is made.

Mediation Requires Addressing all Key Issues (Property Division, Support, Custody, etc)

The goal of mediation in a divorce is a comprehensive settlement. That means that all material family law issues that are at stake in the case need to be addressed and resolved. You and your spouse may need to address property division debt division, spousal support, child custody, and child support. It is crucial that you are prepared for the big issues in your specific case. 

An Agreement Made During Divorce Mediation Must Be Approved by the Court

A successful mediation ends with a written separation agreement. That document outlines all resolved issues and becomes the foundation for the final divorce decree. The agreement must meet contract principles under Virginia law. Courts generally incorporate the agreement into the final order if it is valid and not unconscionable. Still, the court must approve it for it to be valid.

Note: Divorce mediation in Virginia is non-binding. You are not required to reach a settlement. Both spouses retain the right to withdraw from the mediation process and explore other options.

We are Leaders in Divorce Mediation in Northern Virginia

At Escobar Arbitration & Mediation, we are proud to be leaders in divorce mediation. If you are prepared to set up a divorce mediation, please do not hesitate to contact us today for a completely confidential consultation. We provide divorce mediation services throughout Northern Virginia.

Source:

apa.org/monitor/2013/04/marriage