Divorce mediation is a process where you and your spouse hire a third party, typically a lawyer, a trained mediator who is not a lawyer, co parent counselor, or a retired judge who serves as a neutral party. The mediator’s role is to facilitate a settlement of the issues between you and your spouse by talking with each of you together and separately and giving ideas on how to solve your issues.
The mediator does not represent either party-he or she cannot give you legal advice, but can discuss possible results if the case cannot settle and you have to go before a judge for resolution. That is why you must have a lawyer to represent your interests if you mediate. Your lawyer can either be present at the mediation sessions or not.
Remember, you have two options to resolve your differences and obtain a divorce: (1) reach a mutual settlement agreement that resolves all issues; and (2) go to Court and have a judge decide and enter a court order that dictates the resolution of all issues.
Of these two options, reaching a mutual settlement is usually better than going to court for so many reasons-less costly, less stress, less time, you can have more control over the outcome, and you can specifically craft the settlement to meet your and your family’s needs.
You must consult your lawyer before mediation. Your lawyer will tell you who are good mediators. Your lawyer will help you prepare for mediation.
