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During the divorce process mediation might be ordered by the Court particularly if the case involves a dispute regarding custody or placement. See our Mediation FAQ for answers to basic mediation questions.

A mediator is often a licensed attorney with special training in mediation. The mediator has no ties or relationship to any party in the divorce action. Mediation is typically conducted only with the two parties and the mediator. It is a means of communication between the parties with an unbiased professional guiding and facilitating the parties to reach agreements in their pending divorce. In many cases something positive comes out of mediation. Unfortunately not all parties can always come to a mutual agreement and mediation is discontinued.

Attorney John A. Best is dedicated to the process of mediation and has special training as a mediator. If you are going through a divorce and think mediation might help, have your attorney contact our office. If you and your spouse are not represented by attorneys and are proceeding with your case pro se, feel free to contact Attorney John A. Best to discuss whether mediation is appropriate for your case.

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What is Mediation?

"Mediation" is a private and confidential process in which a trained, impartial and neutral person helps the parties in identifying the issues, and their interests, exploring settlement alternatives, and developing their own mutually acceptable solution. Divorce mediation gives couples the option to plan their futures rationally, and in an atmosphere of cooperation and mutual respect.

 

How is Mediation different?

Mediation is based on the principle that people are capable of resolving their own disagreements if given the right support. The mediator helps the spouses to communicate and negotiate but doesn't make any decisions for them. The mediator does not judge who is right or who is wrong, but works with parties to help them arrive at a solution to satisfy their interests.

 

 

Does the mediator meet with both spouses together or separately?

This is a question that divorcing spouses should address in advance with a potential mediator. In some cases mediators work separately with each spouse, acting as an arbitrator. Other times mediators will shuttle between parties at a joint meeting place. In most cases a meeting where both spouses are present is held and communication is more direct.

 

 

How much does mediation cost?

Typically mediations involve an hourly or per-session fee. The number of sessions needed to gather information and negotiate an agreement will vary from couple to couple, so the cost of the mediation will also vary. Mediation, however, will usually be much less costly than litigation.

Source: nolo.com