What is it?
Mediation offers a fair process where you and your spouse can discuss and decide for yourselves, with professional help of a mediator, arrangements for your children, financial support and the division of your property.
When does it work?
Mediation will work only if you and your spouse are willing to make a good-faith effort to reach an agreement. There is no legal obligation to agree; any commitment to the process and its results comes voluntarily from the people involved.
Who are the professionals involved?
You and your spouse jointly hire a neutral, trained, and certified mediator to act as a facilitator of solutions. It is important to remember that this mediator is not the attorney for either of you, and therefore is unable to give you legal advice.
How long is the process?
During a series of meetings, the mediator will help you and your spouse work out a plan that covers your children’s living arrangements, the financial needs of the family and all other issues that need a solution. Once you and your spouse have reached an agreement, the mediator will draft an agreement that is submitted to the court. After the court reviews the agreement, it may be approved and thereafter becomes a legally binding legal document, and finalizes the divorce.
What are the benefits?
One of the great aspects to mediation is that it allows you to arrive at the resolution based on what you and your spouse think is fair, instead of allowing a judge to decide what is fair.
What are some potential limitations?
Mediation may not be a good fit if communication between you and your spouse has downgraded to the point where neither of you trusts the other to negotiate in a fair/reasonable manner.