In divorce mediation, you and your spouse meet with a trained, neutral mediator to discuss and resolve the issues in your divorce. Mediation sessions often take place in an informal office setting, but you might also be able to go through your mediation online.
A trained mediator acts as a neutral 3rd party to help you reach agreement on the issues you and your spouse need to resolve in order to finalize your divorce, such as child custody, child support, and property division. Mediators don’t make decisions or offer legal advice, but rather serve as facilitators to help spouses figure out what’s best for their situation.
When spouses reach agreement through mediation, most mediators will draft (and possibly file with the court) a divorce settlement agreement, or in some cases a less formal document called a Memorandum of Understanding (MOU for short). An MOU becomes the outline for the official final divorce settlement agreement, which is typically drafted by an attorney.
For couples who are able to communicate and adhere to the common goal of a fair divorce settlement and doing what is in the best interest of everyone involved, this can be a great alternative to divorce court.
Mediating your divorce has a lot of advantages over fighting it out in court. To name a few…
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- Cost. Mediation is much less expensive than a trial.
- Settling the case. Most mediations end in settlement of all of the issues in the divorce.
- Confidentiality. Mediation is confidential, with no public record of what goes on in your sessions.
- Freedom. Mediation allows you to arrive at a resolution based on your own ideas of what is fair in your situation, rather than having a solution imposed upon you based on rigid and impersonal legal principles.
- Advice still available. You can go to mediation and still choose to have a lawyer give you legal advice.
- Control. You and your spouse—not the court—control the process.
- Communication. The mediation process encourages communication between you and your spouse, helping you avoid future conflicts.