The practice of divorce mediation is a rapidly growing alternative to the traditional, adversarial approach to divorce.  In place of two attorneys, each representing the separate interests of their respective client, an experienced mediator guides the divorcing couple through a negotiated settlement. A child parenting plan, support obligations, health insurance, and the disposition of assets and liabilities are decided in a cooperative, civilized, and efficient process.

Your divorce mediator’s professional skills, experience, and neutral stance will help you negotiate a settlement that is fair, responsible, and long-lasting.

Mediation is your opportunity to negotiate a divorce settlement that works for each spouse and for the children. It is a civil alternative to the often emotionally devastating and financially draining adversarial divorce process. In order for mediation to be effective, the spouses must be capable of working and openly discussing issues with each other. Each spouse must be capable of expressing his/her ideas, wants, and needs concerning the various areas to be decided, including custody and distribution of finances. Neither spouse can be made to feel intimidated by the other spouse when it comes to expressing his or her thoughts.

Advantages of Divorce Mediation

• It is a much less stressful and emotional experience than the traditional divorce process.

Working together with a skilled mediator in a negotiation process results in much less animosity and ill will than the protracted confrontation that often occurs between adversarial lawyers and their clients. The shortened time duration of the process, as well as the considerably lower cost of mediation, also contributes to a lower level of emotional stress.

• Divorce mediation is much less expensive and faster than the traditional divorce process. 

The divorcing couple pays one mediator instead of two attorneys. Also, having both parties together during mediation sessions dramatically shortens the process and the billable time of the mediator. The cost of divorce mediation is on average 40 to 60% lower than the cost of traditional divorce litigation. However, it is highly recommended that each spouse retain an attorney to review the agreement prior to signing it. 

• Divorce mediation is better for the children. 

The divorcing parents remain in charge of their children’s interests and needs, and are able to construct a cooperative parenting plan without turning the children’s futures over to judges and lawyers.

• It is a more private and confidential process. 

Private lives and family finances are not paraded before the public.

Mediation is a cooperative exercise in responsible problem-solving that calls upon the best attributes of each partner to build a lasting agreement, rather than tearing down the marriage.

• Divorce mediation results in a lower rate of re-litigation. 

Mediated settlements are more comprehensive and cooperative in nature, producing a much higher rate of compliance by both parties, and a lower rate of expensive re-litigation. After all, the goal in mediation is to help the spouses come to an agreement that is suitable for their needs and lives.

DISCLAIMER: The contents of this editorial should not be considered legal advice. The information provided in this editorial is intended to be general information and is not intended to be a substitute for a consultation with an attorney. Each case and situation is different and must be handled based upon the specific facts and circumstances unique to that case. For specific answers to questions on an individual case, it is best to consult with an attorney.