Definition of Mediation

Mediation services is an informal settlement process by which the parties and their attorneys meet with a neutral third party attorney who has been trained in mediation. That mediator helps the parties to facilitate a settlement. The mediator does not have final decision-making authority like a judge, but their expertise and training is very beneficial in helping settle family law cases (e.g. divorce, custody actions, etc.). 

When Mediation is Appropriate

Mediation services is generally required in family law matters prior to setting the case for trial. A large percentage of cases that are mediated either settle during the mediation process or before trial.

There are many benefits of divorce mediation, including:

• Control: Most importantly, you ― and not the judge ― have control over all divorce-related matters during mediation, including issues related to property division, child custody and visitation. While the mediator will guide you through the process, he or she does not control the outcome. You know your situation better than anyone, so who better to determine what is best for you and your children? In some cases, you may even be able to reach creative solutions that a court would likely overlook.
• Flexibility: Unlike a judge, a mediator does not have final decision-making authority ― you do. In fact, until you reach an actual agreement, divorce mediation is not binding, which means you do not have to agree to anything if it is not in your best interests and the best interests of your family.
• Protects children: Divorce mediation is often easier on children, particularly when compared to long, drawn-out custody disputes in court. Mediation allows you and your spouse to work together to create a custody arrangement without having to put your children in the middle of an adversarial court dispute.
• Cost: If you and your spouse are able to settle your divorce through mediation, you can avoid lengthy ― and often-costly ― court battles.

Benefits to Mediation

There are many benefits of divorce mediation, including:

• Control: Most importantly, you ― and not the judge ― have control over all divorce-related matters during mediation, including issues related to property division, child custody and visitation. While the mediator will guide you through the process, he or she does not control the outcome. You know your situation better than anyone, so who better to determine what is best for you and your children? In some cases, you may even be able to reach creative solutions that a court would likely overlook.
• Flexibility: Unlike a judge, a mediator does not have final decision-making authority ― you do. In fact, until you reach an actual agreement, divorce mediation is not binding, which means you do not have to agree to anything if it is not in your best interests and the best interests of your family.
• Protects children: Divorce mediation is often easier on children, particularly when compared to long, drawn-out custody disputes in court. Mediation allows you and your spouse to work together to create a custody arrangement without having to put your children in the middle of an adversarial court dispute.
• Cost: If you and your spouse are able to settle your divorce through mediation, you can avoid lengthy ― and often-costly ― court battles.