Mediation is a voluntary process in which a neutral third party assists both spouses in reaching agreement on the issues in their divorce. It is not therapy, and it is not a substitute for independent legal advice.
Mediation works well where both parties communicate in good faith, financial disclosures are complete and honest, and there is no meaningful disparity in bargaining power. In those cases, it is faster and less expensive than litigation.
Mediation is not appropriate where there is a history of domestic violence, coercive control, hidden assets, or significant disagreement about parenting fitness. In those matters, the protections of the litigation process are necessary.
When mediation is accepted, the role is strictly neutral — no advice is given to either party individually, and each spouse is encouraged to have independent counsel review any proposed agreement before signing.
This article is for general information only and is not legal advice. For guidance on a specific matter, contact the office.