What is mediation and mediated divorce?

Mediated divorce in family law is a process in which a neutral third party, known as a divorce mediator, facilitates discussions between two or more parties—typically in mediated divorce or custody cases—to help them reach a mutually agreeable resolution to their disputes. The mediation attorney does not make decisions for the parties but instead assists them in communicating effectively, identifying their needs and interests, and exploring options for resolution.

1. Voluntary Process: Participation in mediation is generally voluntary, and either party can withdraw at any time.
2. Confidential: Mediation sessions are private, and anything discussed is typically confidential. This encourages open communication without fear of it being used against either party in court.
3. Neutral Mediator: The divorce mediator remains impartial, ensuring that both parties have an equal opportunity to express their views and reach a resolution.
4. Focus on Solutions: The goal of mediated divorce or child custody is to find mutually satisfactory solutions that meet the needs of both parties, often leading to more creative and personalized outcomes compared to court rulings.
5. Legally Binding Agreements: If an agreement is reached, it can be formalized in a legally binding document called a marital separation agreement, which can then be submitted to the court for approval.
6. Cost-Effective: Mediated divorce is often less expensive than divorce litigation because it typically requires fewer resources and less time.
7. Fosters Cooperation: The process encourages cooperation and communication, which can be especially beneficial in cases involving children, as it may help maintain a more amicable relationship post-divorce.

• Division of marital property and debts
• Child custody and visitation arrangements
• Child support and alimony
• Parenting plans

Mediation can be an effective alternative to litigation, helping families resolve conflicts in a less adversarial manner. If you are interested in mediated divorce and hoping to avoid litigation, reach out to an experienced mediation attorney at The Binder Firm to get started.