What to Expect in a Divorce Mediation Session

A divorce mediation is an informal process to help a divorcing couple come to an agreement and resolve issues over which they could end up battling in court. Mediation can be a kinder, gentler way for divorcing spouses to reach resolve disputes and can be a more respectful process for everyone than the process of preparing for and participating in a trial. Mediation is intended to be an open dialogue between the parties and a trained neutral mediator. Sometimes parties attend mediation with their attorneys, and sometimes they attend without legal representation.

The Mediator

The process is led by a mediator. A mediator is usually an attorney with experience in family law who understands how the court will likely rule in any given matter and can advice people on how to settle their disagreements by working out an agreement together rather than having a judge decide every aspect of their divorce. A mediator is trained to help people see the other viewpoint and to help people find middle ground in order to create compromised agreements on things like property division and custody.

The Parties Work on An Agreement

Philosophically a mediated agreement should be more successful than an order from a judge because parties are more likely to follow an agreement they made on their own than one that was made for them. Each party presents his/her position as well as what he/she thinks the agreement should be. The mediator then works within the law and what a court will likely rule to help them come to an agreement that is fair and follows the laws of the state. An attorney can help her client focus on the best outcomes within the law of the state and can help by offering objective, non-emotional feedback on each issue to be mediated.

Mediation is Confidential

Mediation is usually a confidential process so that the parties mediating can be comfortable making settlement agreements that won’t be used against them later. For example, if a wife says she can try to get a higher-paying job in order to incur lower spousal maintenance payments, the husband cannot use that later in court against her.

Getting Legal Help

Anyone considering mediation for a divorce should consult an experienced family law attorney to determine what his rights are under the law and to help him see what agreements will best serve the interests of him and his family. An attorney is the advocate for his client in a process that does not advocate for any one position over another.

Thinking About Divorce?