What are the pros and cons of using a divorce mediator?

Divorce mediation provides an alternative to a court proceeding or it may be part of the process on the way to a court proceeding. In a divorce mediation, a trained mediator works with both spouses to reach a settlement without the contention that can arise in an actual court venue.

Not all issues may be resolved in mediation. However, those issues that can be mediated will be addressed and settled and will not have to be revisited in court. Resolved issues are included in a stipulation which is subsequently signed by both parties. The court then reviews the stipulation to ensure that the agreement is both fair and legal to the parties and signs off on the document. Any residual issues, such as custody issues, can then be settled by the judge. The fewer issues left to be adjudicated, the less time and expense will be spent in a court proceeding.

A divorce mediator helps both parties see the viewpoint of the other and guides the couple in making decisions that are best for everyone involved, including any marital children. Although an agreement arising from mediation is not binding like a court order, a mediation agreement signed by a court discourages either party from later deciding not to follow the terms of that agreement.

An experienced family attorney will help you understand your rights through a mediation process so that you can ultimately reach an agreement that works for your family. Mediation will also save you the time and costs of a court proceeding. Talk with an attorney to discuss your case.