Mediation Process

A process to navigate a divorce with the assistance of a neutral third-party mediator who facilitates discussions between the parties to help them reach a mutually acceptable agreement.

• Mediator does not make decisions for the clients
• Can address all elements of the divorce
• Encourages cooperation and empowers individuals to maintain control over outcomes
• Mediators may be attorneys, mental health professionals, retired judges, or other trained professionals
• Courts, bar association, or community boards may have lists of trained mediators
• Sometimes mediation is required by Court before you can litigate
• No uniform process – every mediator may work differently
• Learn about style and individual process before starting
• Voluntary so you can always stop mediation
• Mediator typically doesn’t draw up agreements – you do that on your own or hire attorneys

There are three common mediation styles:

1. Facilitative Mediation
2. Transformative Mediation
3. Evaluative Mediation

Pros of Mediation:

• Cost-Effectiveness
• Control and Empowerment
• Preservation of Relationships

Cons of Mediation:

• Unequal Power Dynamics
• Inability to Resolve Complex Issues
• Requirement for Cooperation

In summary, divorce mediation offers a cost-effective, empowering, and cooperative approach to resolving divorce disputes, but it may not be suitable for all cases.