The method of mediation may be a preferred option for couples who do not wish to go through the judicial process of divorce. The benefits of mediating a divorce are numerous, but probably the most notable points are the fact that mediation allows you stay in control of your divorce and as such, you will be the one calling the shots, not the judge; mediation allows for a more peaceful process thus providing better chances of shared custody and co-parenting for the children and finally the obvious choice of having to avoid aggressive litigation therefore leaving the parties better suited for a long term relationship based on respect and friendship.
Mediating a divorce is not an option for all couples, but is a very good option for divorcing couples who want to divorce in a peaceful manner, without great expense.
Once an agreement is reached, a mediator will prepare a memorandum of understanding reciting the terms of the divorce agreement. Such a document is not yet binding until a formal Marital Settlement Agreement is prepared, which then makes the terms of the mediation binding.
Collaborative method of divorce usually yields a successful mutual agreement that results in a binding formal Marital Settlement Agreement. However, in the event that the process fails, then the collaboratively trained attorneys cannot represent either parties to the divorce in later litigation proceedings.