Mediation occurs in almost every divorce case. The purpose of divorce mediation is to help the divorcing couple reach a settlement agreement in their case rather than going to court. In fact, many judges require that parties attempt to reach an agreement through mediation before going to trial.

If the parties can settle out of court, the divorce process will be much less expensive, and the parties may feel more ownership of the result. Anything can happen at the courthouse, and, in most cases, both parties benefit by trying to resolve their differences without an expensive and emotionally-draining divorce trial.

Here is some information about the process of divorce mediation and answers to frequently asked questions. To learn more about the steps you can expect before mediation, click here. 

How Divorce Mediation Works

Here is a summary of what occurs in a successful mediation:


Frequently Asked Questions About Mediation

1. Who Is the “Mediator”?

A mediator is a neutral third party who assists the parties with negotiating and settling their divorce case. The mediator is usually a divorce lawyer with experience in family law cases. The mediator will not act as a judge and will not make any decisions about the outcome of your case. A mediator cannot force you into an agreement.

2. Is My Divorce Case Appropriate for Mediation?

Mediation is appropriate for most cases, including the most difficult ones. Divorce mediation is a great venue for parties to talk about their concerns with the mediator and their divorce attorneys, generate ideas to solve these concerns, and form a written agreement settling their case.

3. What Are the Pros and Cons of Divorce Mediation?

There are very few downsides to mediation.

After mediation, some parties experience buyer’s remorse about their agreement. A party may feel he or she gave up too much. However, most divorce lawyers will tell you that they can never predict what would have happened in court. Preparing well in advance for mediation with your divorce lawyer is the best way to have a plan for being comfortable with the outcome of your mediation.

Here are some of the benefits of divorce mediation:

  • Saving Money. Going to court to resolve your case is always expensive. Mediation is a great way to avoid the cost of a trial.
  • Having Control Over the Outcome of Your Case. When you go to court and ask the judge to decide your case, he or she has total control over the outcome of your case. You will then have to live with the judge’s decision, whether you like it or not. Judges will never be as familiar with your needs and those of your children as you are. Settling your own case in mediation gives you more control over the outcome.
  • Making a More Creative Agreement Based on the Needs of Your Case. Judges are bound by the law when they make decisions. In mediation, parties can agree to certain things that a judge cannot order. Mediation provides more flexibility for the needs of your case.

How We Can Help

Our lawyers are experienced in divorce mediation. In fact, many of our lawyers serve as mediators for other divorce attorneys. Our lawyers can prepare your case for mediation and help you resolve your case using this process.

Please contact us to schedule an appointment regarding your case.