Mediation is an informal process to assist parties in resolving their divorce outside of court. The mediator is a neutral third-party who does not represent or advocate for either party, rather helps the parties reach agreements on all the issues without litigation. The role of the mediator is to facilitate the parties’ discussion and help identify issues, needs, interests, explore alternatives and focus the discussion on resolution.  Mediators do not make decisions; agreements are only made if both parties agree. The goal of the mediator is to resolve the issues between the parties in a way that works for both sides… to reach an agreement that they can both live with. During the mediation process parties may hire their own attorneys to help advise them on the law and if a particular agreement is good for them.  It is ideal for your mediator to be an attorney who is familiar with family law, as they would then be in the best position to assist you throughout the process.

 

Mediation is confidential, however the agreements made during the mediation process are not binding unless a settlement agreement using the mediated terms is signed—and you may still seek litigation if some or all of the terms are not satisfactory to you.

 

Mediation is generally less expensive and a shorter process than working with attorneys and litigating the issues.  As divorcing couples usually share the cost of one mediator rather than separate attorneys and all the associated court costs.  It is common (recommended) for parties to retain an attorney once mediation is under way to help the party understand what’s being proposed in mediation and reach agreement. If common ground is reached, divorcing couples may never have to see the inside of a courtroom, and this can save both sides a great deal of stress, money, and time.

 

Through mediation, we can help you and your divorcing spouse come to an agreement about asset and debt division, spousal support, child custody, visitation, and other issues affecting the dissolution. This process may even help set the foundation for an ongoing positive relationship post-separation, whether for its own sake or for the good of your children, who are often the most likely to feel the effects of a contentious relationship between their parents.

 

Even if you find you cannot come to a full agreement through mediation, we can help you understand exactly what you are seeking through the separation, which may make the litigation process easier if you still feel the need to take the matter to court.