MEDIATION FAQS

What is divorce mediation?

Divorce mediation is a process in which divorcing spouses negotiate an acceptable divorce agreement with the help of a neutral third party – the mediator. The mediator assists the spouses in negotiating but doesn’t make any decisions for them. With mediation you are in charge of making decisions that affect your life – not a lawyer or a Judge. You control your own settlement.

How does a mediator stay neutral and avoid taking sides?

Because the mediator won’t be making decisions for you, there’s no need to decide if anyone is right or wrong. A mediator makes a point of looking at the issues from both sides.

How do mediating spouses protect their legal rights?

Every divorcing spouse should know and understand his or her legal rights before agreeing to a settlement. One way to make decisions by informed consent is by consulting with an attorney regarding the law before the mediation takes place. Doing some independent legal research is always helpful.

Does the mediator meet with both spouses together or separately?

Some mediators prefer to work separately with each spouse, acting as a go-between most or all of the time. Others favor joint meetings. There are advantages and disadvantages in both options; but it always depends on the couple and what works best for them. This is an issue that should be addressed before the mediation takes place.

How long does mediation take?

Mediation can take as long as several days, and as short as three hours. It all depends on the couples, how they communicate with each other, and how committed they are to finding a solution that works for both of them.