Divorce Mediation
In divorce mediation, the parties meet with an impartial trained mediator to come up with solutions for disputes in their divorce, including issues such as custody, parenting time, division of assets and debts, child support, and maintenance. A mediator will work with the parties to help establish their goals and facilitate joint decision-making, as well as reach a written divorce settlement.
Mediation is effective for couples who are looking for amicable solutions that focus on each party’s needs and interests. A trained divorce mediator will remain objective throughout the process and work with the parties to foster a safe and stable environment, conducive to communication and settlement.
Mediation can be especially beneficial when there are children involved in a divorce. Mediation can help parents find solutions for transitioning the children into two households and developing a parenting schedule that allows both parents to have an active role in their children’s lives.
Mediation is also an effective method for resolving financial issues in a divorce. With the assistance of a trained mediator, the parties can work on realistic budgets for two homes, share financial information, and discuss and arrive at a plan for sharing assets and liabilities.
Divorce mediation also works well when cases involve complex asset structures. The parties can work cooperatively to exchange documents, arrive at creative solutions, and avoid the expense and considerable time needed for the divorce litigation process.
Mediation is most effective when there is equal bargaining power and where there is an open and honest exchange of information.
Each party always has the option during the mediation process to hire his or her own attorney. However, after the parties reach a mediated divorce settlement, at least one of the parties will hire a divorce attorney to represent him or her to draft a settlement agreement, and finalize the divorce process in court. The other party always has the choice to hire his or her own divorce attorney to review the settlement agreement and be present when the divorce process is finalized in court.
How Divorce Mediation Works
- Both Parties Agree to Mediate. Couples choose a trained, impartial mediator to guide the process instead of preparing for court.
- The Mediator Helps Establish Goals. Sessions focus on each spouse’s priorities around custody, parenting time, property, and support.
- The Parties Exchange Information. An open, honest exchange of financial and family information supports a fair result.
- The Parties Reach a Written Settlement. Once an agreement is reached, the terms are put into writing.
- An Attorney Finalizes the Agreement. At least one party typically hires a divorce attorney to draft the formal settlement agreement and complete the divorce process in court.
Divorce Mediation vs. Collaborative Divorce vs. Litigation
| Option | How It Works | Best For |
|---|---|---|
| Divorce Mediation | One neutral mediator helps both spouses reach a settlement together. | Couples with equal bargaining power who communicate well and want to avoid court. |
| Collaborative Divorce | Each spouse has their own collaborative attorney and signs a participation agreement to settle outside of court. | Spouses who want individual legal representation along with a non-adversarial process. |
| Divorce Litigation | Each party prepares for court hearings, motions, and potentially trial. | High-conflict cases, unequal bargaining power, or situations where cooperation isn’t realistic. |
Mediation may offer the most direct, cost-conscious path when both spouses are on relatively equal footing and ready to work together. Collaborative divorce adds individual legal representation to that same non-adversarial approach. Litigation remains necessary when the case is contested or high-conflict.
Divorce Mediation FAQs
What is divorce mediation?
Divorce mediation is a process where an impartial, trained mediator helps both spouses work through the terms of their divorce together, rather than through separate attorneys or courtroom litigation.
Do I still need a lawyer if we use mediation?
Each party has the option to hire their own attorney during mediation. At minimum, one party typically hires a divorce attorney afterward to draft the settlement agreement and finalize the divorce in court.
Is divorce mediation cheaper than litigation?
It can be, since mediation generally avoids the extended discovery, motion practice, and court appearances involved in litigation. The overall cost still depends on the complexity of the case.
Is divorce mediation right for every couple?
No. It tends to work best when both spouses have relatively equal bargaining power and are willing to communicate openly. It may not be the right fit for high-conflict cases or situations involving hidden assets.
How is divorce mediation different from collaborative divorce?
Mediation uses a single neutral mediator for both spouses. Collaborative divorce gives each spouse their own attorney while still working toward a settlement outside of court.