• 15
  • June
    2010

The next few blog posts will be dedicated to the topic of divorce mediation. The purpose of these posts will be to not only provide basic information, but also to clarify any common misconceptions about the process and its participants.

What is divorce mediation?

Divorce mediation is a less costly and altogether less contentious method of marital dissolution. In divorce mediation, former spouses (each of whom may be represented by an attorney) come together outside of the courtroom to resolve important issues such as spousal support, property division, child support and child custody.

The entire process is managed by a neutral third party mediator who works to facilitate both conversation and compromise among the former spouses. An effective mediator who knows how to listen and address the concerns of both sides is a vital component of any successful divorce mediation.

Can the mediator offer legal advice?

No, the mediator cannot offer either party legal advice. Their sole responsibility is to guide the parties toward mutually acceptable solutions. In fact, a mediator need not be an attorney.

If you desire legal advice, it may be prudent to retain the services of a family law attorney for the mediation.

What is the purpose of divorce mediation?

Above all else, divorce mediation can save former spouses time, money and unwanted stress. Protracted legal proceedings may prove unnecessary and parties are free to move forward with their lives. In addition, divorce mediation removes the uncertainty associated with a trial. The parties will decide the important issues, not a judge who has a limited understanding of their unique situation. Lastly, divorce mediation creates the foundation for amicable relationships between former spouses. This is especially important if children are involved.

Related Resources:
  
• Divorce Truths: Mediation: An Alternative (DivorceSource.com)