Divorce Mediation

Divorce mediation is a process in which a couple meets with a trained mediator for the purpose of negotiating and resolving their issues. The mediator is independent, neutral and impartial. His role is to facilitate constructive communication aimed at resolving the issues. The mediator is not like a judge or an arbitrator who makes decision for the parties. Rather, the mediator assists, supports and guides the parties through direct negotiations.

Mediation usually occurs at the mediator’s office and involves anywhere from one to ten or more mediation sessions, depending upon the complexity and number of the issues. All of the communications made during mediation are “off the record”, meaning that neither party is allowed to subsequently reveal communications made during mediation to a judge or arbitrator if an agreement is not reached. The purpose is to encourage a free and healthy exchange of ideas during the mediation process without fear that the ideas or proposals could be used against you subsequently in court.

If an agreement or agreements are reached during mediation they are typically summarized by the mediator in a report. The agreements reached are then reviewed by the parties with their lawyers who provide legal advice and practical suggestions. Very often the agreements reached in mediation are translated into a legally binding contract called a Separation Agreement. Until this occurs the agreements reached in mediation are not binding on either party.

Mediation is usually a relatively inexpensive way to negotiate since the parties share the hourly rate of the mediator and in most circumstances do not pay their lawyers to be present during mediation. Having lawyers present, however, is always an option where one or both parties feel the need for the lawyer’s support and input during the mediation process.