Divorce mediation is a form of alternative dispute resolution that can help couples resolve disagreements about custody and financial matters without judicial intervention. They work with a neutral professional to settle their disagreements.
While many people understand the basic concept of mediation, they may still feel anxious about agreeing to attend mediation with their spouses. They may worry about getting bullied into an unfavorable arrangement if there are uneven power dynamics between the spouses, for example.
Do people need to worry about getting steamrolled in mediation and ending up subject to a binding arrangement that is far more beneficial for their spouse than for them?
Spouses must reach an agreement
Mediation is not automatically binding. It only becomes a binding process when the spouses eventually sign an agreement at the end of the proceedings. The document that they sign generally details the terms that they set.
The spouses can present the signed agreement to the courts as they pursue an uncontested divorce. In scenarios where mediation feels imbalanced and the proposed terms seem unfair, either spouse has the option of refusing to sign the document. The spouses can attend additional mediation sessions or may agree that litigation is the best path forward, given their significant disagreements about what is fair and appropriate.
Agreeing to mediation does not mean that spouses must give up control over the divorce process. If anything, the opposite is true. They can empower themselves to push for fair terms and reject settlements that are imbalanced and unfair. Those with questions about divorce mediation may want to discuss their options with a legal professional in order to make truly informed opinions.
