What is divorce mediation?

Mediation is one method of resolving your divorce and can be a helpful alternative to traditional litigation. Divorce mediation is a process used to help couples going through a divorce or separation resolve their disputes with the assistance of a neutral third party, known as a mediator. The mediator facilitates communication between the parties and helps them negotiate agreements on various issues, such as division of assets, child custody, visitation schedules, and spousal support.

During divorce mediation, both parties have the opportunity to express their concerns and preferences in a less adversarial setting compared to traditional litigation. The mediator does not work for or represent one party, even if one party is paying the bill. The mediator is to be objective and work with both sides. Most mediators will strongly suggest that each side have their own attorneys who can provide legal advice and guidance. The mediator does not make decisions for the couple but instead guides them toward reaching mutually acceptable solutions. It is important to keep in mind that mediation is non-binding until any agreement is put in writing and signed by the parties. The goal is to reach a settlement that satisfies both parties and can be legally binding once approved by the court.

Divorce mediation can be less expensive and time-consuming than going to court, and it often fosters a more amicable and cooperative atmosphere between the parties. However, it may not be suitable for all couples, especially in cases involving domestic violence, substance abuse, or other significant power imbalances.

About Sandy Durst

Sandy Durst, Esq., is the founding partner of The Durst Firm where he heads the Family Law Department. Individuals facing a divorce benefit from the combination of legal skill, common sense and compassion that Sandy brings to each and every matter. Each case is given the personalized attention it deserves.
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