Divorce Mediation

Many couples are choosing mediation when looking for a lower cost divorce process that is less adversarial than a traditional litigation process. A mediator is an impartial facilitator who guides the parties through discussion of the issues to a resolution that they choose. The mediation process is voluntary and confidential. Participants must be willing to exchange information needed for informed decision making.

What is the difference between a mediator and an attorney?

Many mediators are attorneys with experience in the area of law they mediate. The crucial difference is that attorneys will represent the interests of one party in a divorce and a mediator is neutral. Mediators are trained to identify the interests of each party and facilitate effective communication that leads to resolution of conflict. Mediators may give legal information to participants but do not give legal advice to either party. You are encouraged to consult with independent counsel for legal advice. In most of the divorce mediations we conduct, attorneys are not present during mediation sessions. If either party wishes to have an attorney present during negotiations, we recommend using a Collaborative Process.

What does the mediation process look like?

Most often it starts with an orientation session where we discuss goals, issues, priorities and identify how information gathering will work. Once you’ve gathered sufficient information to make informed decisions, we meet to discuss the issues and scenarios for resolution. The mediator will guide the decision-making process. Agreements are memorialized by the mediator. The process can be tailored for the participants.

How does Mediation Process differ from Collaborative Process?

Parties in a mediation process may choose to have attorney assistance or not. In the Collaborative Process, both participants will be represented by attorneys. Mediators don’t facilitate negotiations in a Collaborative Process because well qualified Collaborative attorneys have had mediation training and they facilitate the negotiations. In most Collaborative cases, there are other professionals on the Collaborative team. Other professionals may be consulted in a mediation process as needed.