Frequently Asked Questions about Divorce Mediation

Divorce mediation can be an alternative to going to court or it can be part of the process on the way to going to court. In divorce mediation, a trained mediator works with a couple to help them settle their disagreements with regard to divorce without going to court where a judge would make decisions for them.

Question: What Happens if Some Issues Can be Resolved in Mediation, but Not All Issues?

Answer: Mediation can help couples find common ground on some issues and those issues can be written in a stipulation for the parties to sign. Once the parties sign a stipulation, the court will review the document to make sure it is both fair and legal and then the court will sign it as well. For example, it is possible for a couple to agree on property division but not custody issues. It is possible to mediate some issues because limiting the issues to be settled by a judge will save a couple time and expense in court. Any issues which could not be mediated can be resolved by a judge in court if necessary.

Question: Is Mediation Binding?

Answer: Mediation is designed to be a process where the decision-making power is left to the couple divorcing. Rather than a judge or an arbitrator telling a couple how custody will be shared or how property will be divided, mediation gives the couple the power to make those decisions. A mediator’s job is to help both people see the other view point as well as to guide the couple in making decisions that are best for all the people involved in the divorce, including children. Mediation is not binding like a court order, but every agreement made in mediation should be put into a stipulation and should be signed by a court so neither party can later decide to not follow the mediated agreement.

Question: Do I Need a Lawyer if I Agree to Mediate?

Answer: Yes. An experience family law attorney will help you understand your rights and help you use the mediation process to ultimately reach an agreement that works for your family and save you the time and costs of going to court. An attorney can give you strategies and advice to get what you deserve in the divorce mediation process and can let you know when you should and should not accept a mediated agreement.

Getting Legal Help

A couple considering divorce should consult with an attorney to determine whether mediation would be a good option for a particular couple. Some cases are so adversarial that mediation may not be a productive use of time and resources. An attorney can help a party through the process of mediation while educating the client on how to protect assets and children.

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