Divorce Mediation

Alternative dispute resolution allows a divorcing couple to streamline their divorce, privately resolve some issues that a judge would otherwise settle, and customize various aspects of their divorce agreements. The process requires both spouses to meet privately with their respective attorneys and collaboratively negotiate terms for their divorce. Mediation is a specific form of alternative dispute resolution that unfolds under the direction of a mediator, a neutral third party who helps the couple draft their divorce order.

The mediator cannot offer either spouse any direct legal advice, nor may they have any conflicts of interest that would favor either spouse. The mediator is typically a family lawyer who has experience drafting divorce agreements. They can answer general questions about the legal statutes that apply to divorce and will keep conversations focused and productive.

As long as both spouses are willing to try it, mediation can help them both save a tremendous amount of time and money on dissolution proceedings. When a divorcing couple takes their case before a judge, it can potentially take months to resolve, and the judge has the final say on every aspect of their divorce order. Even if a divorcing spouse is convinced that a judge will see things their way, this is never a guarantee. Resolving as much as you can privately in mediation acts as a springboard in divorce proceedings, dramatically reducing the time the spouses must spend in litigation.

Common Misconceptions About Mediation:

• Mediation Is Only for Amicable Divorces: While cooperation is essential, even contentious cases can benefit from mediation to resolve specific issues.
• Mediators Make the Decisions: Mediators guide the conversation, but all decisions remain with the couple.
• Mediation Means Giving Up Rights: Both parties retain their legal rights and mediation does not mean relinquishing them. Legal counsel assists to ensure fair representation.