Divorce Mediation Process

Divorce mediation is a process in which divorcing couples work with a neutral third party, known as a mediator, to reach mutually agreeable decisions regarding their divorce settlement.

Mediation provides an alternative to the traditional adversarial approach of resolving disputes through litigation in court.

During divorce mediation, the mediator facilitates communication and helps the couple identify and discuss their concerns, needs, and priorities. The mediator does not make decisions for the couple but rather assists them in reaching their own agreements.

Here are the key features of divorce mediation:

Neutral mediator: The mediator is an impartial professional trained in mediation techniques and family law. Their role is to guide the discussions and promote constructive dialogue between the divorcing spouses.

Voluntary process: Divorce mediation is a voluntary process, meaning both parties must willingly participate. It allows couples to maintain more control over the outcome of their divorce instead of leaving decisions to a judge.

Confidentiality: Discussions that take place during mediation are confidential. This encourages open communication and allows participants to freely express their concerns and explore various options.

Focus on collaboration: Mediation emphasizes cooperation and problem-solving. The mediator helps the couple identify common ground and explore creative solutions that meet both parties’ needs and interests.

Decision-making authority: Unlike litigation, where a judge makes the final decisions, in divorce mediation, the couple retains decision-making authority. They are responsible for reaching agreements on various issues, such as child custody, division of assets, spousal support, and child support.

Cost-effective: Divorce mediation is generally less expensive than going to court. Since it involves fewer formal proceedings and legal representation, it can significantly reduce legal fees.

Faster resolution: Mediation often allows couples to resolve their divorce more quickly than through litigation. The process’s timeline depends on the complexity of the issues and the couple’s willingness to collaborate.

It’s important to note that divorce mediation may not be suitable for all couples, particularly in cases involving domestic violence, abuse, or a significant power imbalance between the spouses. In such situations, seeking legal advice or other appropriate alternatives is recommended.