Divorce mediation is a conflict resolution process where mediators acting as neutral third parties attempt to assist the divorcing parties in negotiating a consensual and informed settlement. Typically, a mediator is an attorney duly licensed to practice law; however, in the mediation process, the attorney is not acting as an attorney for the parties or for either party. Co-mediation using an attorney and marriage family therapist can be more effective at reaching settlement.

Why Mediate?
 
Mediation is a less stressful, non-litigating process. A successful mediation is generally much less expensive than a contested divorce. In the mediation process, the parties have the opportunity to resolve issues involving their children, division of their assets and debts, and support without having a judge decide these matters for them. When parties are able to arrive at their own agreement, they are more likely to be satisfied with the arrangement and to follow it.

The divorce mediation process is one that significantly reduces conflict between the parties so that they may be better able to raise their children together and get on with their lives.

Role of Attorney/Therapist in Divorce Mediation

One divorce mediation model that is used involves co-mediation with an attorney and marriage family therapist working together. In addition, this divorce mediation model employs the use of male and female co-mediators, comprised of the attorney and marriage family therapist. The therapist-mediator brings an important element to the divorce mediation process by helping the parties overcome the emotional difficulties and blockages in the process. A male/female attorney/marriage family therapist team can often provide the best opportunity for a successful mediation, as this model often makes the parties feel more comfortable.

The mediators will assist the parties in gathering information and completing necessary documentation. The attorney-mediator’s role includes informing the parties about the law that may affect the issues in their particular case. It is the role of the mediators not to take sides or become emotionally invested in any particular outcome of the process. The mediators have a duty to facilitate the process by listening without bias and caring without becoming expressly involved. The mediators’ role is not to decide issues or provide legal advice, but to convey information in a comfortable atmosphere that ensures a balanced mediation. Ultimately, the attorney-mediator will prepare the final divorce agreement that the parties have reached through the mediation process, and submit those documents to the court so the parties will have a Judgment of Dissolution of Marriage with orders that they have agreed to on the issues they have mediated.

Which Issues can be Mediated?

The typical divorce mediation attempts to resolve all issues between the parties. These issues can include legal custody, physical custody, visitation, child support, spousal support, health insurance, division of community property assets and debts, attorneys’ fees and costs, and virtually any other issue the parties wish to be mediated.
 

Confidentiality

Everything said during a mediation session is confidential with respect to any third person. Unless otherwise agreed by the parties, all sessions with the mediators and all substantive conversations should be held with both parties present.

Pursuant to California Evidence Code Section 1119, all communications, negotiations, or settlement discussions by and between participants in the course of mediation remain confidential. However, any written or oral settlement agreement prepared in the course of or pursuant to the mediation can be disclosed if the agreement is signed by the participants.

Conclusion

In conclusion, the divorce mediation process employing an attorney and marriage family therapist as co-mediators provides a safe and comfortable atmosphere for the parties to resolve the issues surrounding the dissolution of their marriage. Ultimately, the responsibility for arriving at an agreement rests with the parties as facilitated by the mediators. Divorce mediation is less expensive than litigation and gives the parties an opportunity to share in resolving their divorce.