Mediation during separation and divorce
Mediation is a structured conflict management process that aims to find a solution based on mutual consent. The mediator supports the parties in identifying ways to settle the conflict and in developing a solution for the future on their own responsibility.
A separation or a divorce is a painful experience for all those involved. The relationship breaks down and the accustomed way of life changes abruptly. Emotional harm and economic burden are the result. Everything has to be reorganised and settled, leading to conflict and dispute. Important aspects, such as custody and access rights, can be settled with the aid of mediation and they do not have to be a part of a court case. With family law court disputes, the priority is on asserting unilateral interests. Usually, it is the children who suffer most from this.
Mediation is a good alternative to a legal dispute. On the one hand, mediation usually involves lower costs and, on the other hand, mediation is not as stressful as a legal dispute in court. Mediation gives parties the opportunity to clarify their interests. This means that, during the mediation process, the reasons and interests behind a certain pattern of behaviour are discussed.
When conflicts are solved with the aid of mediation, the persons involved can still look each other in the eye after the separation. This is of particular importance if the parties have common children, as contact with the children remains a link between the parents.
At the end of the mediation process, a legally binding agreement can be drawn up and notarised if required.
Example subject matter for mediation
- How can we achieve a divorce based on mutual consent?
- How can we define the way we deal with each other in the future?
- What will happen to our jointly-owned house?
- How can childcare be organised?
- How can the division of professional or private work be restructured?
- How can a new partner be incorporated into the patchwork family?