September 28, 2009 By Paul Wallin

In an interesting article posted on mediate.com, a website that promotes itself as a site for “everything mediation”, the topic of Martial Mediation is discussed. As the article states, this growing arena of family mediation is designed to help couples stay married or continue living together. While the methods are evolving constantly and the device is still a relatively new concept, this form of mediation may be very helpful to the right candidates.

The process begins with the couple identifying the common ground they share in their desire to save the union (if only to some degree). The mediators then help open and improve lines of communication and help the couples address areas of friction in their relationship, and develop a mode of behavior that focuses on the changes that each individual must make in order to lessen future disagreements and conflicts.

As is the case with so many troubled relationships, as communication improves, so does the outlook for the relationship. The mediators will use their various talents and methods to foster this cooperative spirit and arrive at a set of guidelines that all parties can agree on. Some marital mediators believe a “post-nuptial agreement” or something similar should be crafted after marital mediation. This would basically be a document that would outline the responsibilities and duties that would need to be carried out by both parties in the event of divorce. Documents like these could be reviewed after a time, to ensure that the parties are adhering to their responsibilities in the agreement.

Regardless of the methods that the mediators use, or their opinion of whether written documents like post-nuptial agreements should be the end result of their labors, all mediators share some common methodologies. Those procedures, which are discussed in greater detail in the article, include:

  1. Explain the Marital Mediation Process
  2. Listen to their Presenting Problem
  3. Look for Issues that can be Mediated
  4. Teach Communication Skills
  5. Reaching Agreement

Whether or not this method of mediation continues to grow and becomes viable remains to be seen. There are some questions regarding the legalities involving post-nuptial agreements, so involving a skilled Southern California divorce attorney is always the best course of action.

Divorce can be a complicated, confusing, trying experience. If you are considering divorce or want more information on mediated divorces, contact an experienced California mediation attorney at Wallin & Klarich today for a consultation of your situation. Please call 1-888-749-7428. We can help you sort through your options and protect your interests.

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