Divorce Mediation And What It Involves

Mediation is a common route through an American divorce, and it works differently from litigation in ways that determine which cases it suits. The distinction is worth understanding in general terms.

The mediator does not decide anything

A mediator's role is to structure a negotiation between two people, not to rule on it, which is the central difference from a judge.

They cannot impose a result, and any agreement reached is one both parties chose, which is why the process depends on both being willing to participate.

A mediator is also not representing either person, so the role is distinct from that of an attorney advising a client on their own interests.

The subject matter is defined in advance

Sessions generally work through a defined set of questions: property, financial obligations, support and, where children are involved, the parenting arrangement.

The process requires disclosure of financial information from both sides, since an agreement built on incomplete information tends not to survive.

Working through the items in sequence is part of the method, because it prevents the negotiation from collapsing into a single argument about everything at once.

Cost and timing differ from litigation

A contested case involves two sets of attorneys, court schedules and procedural steps, all of which take time and produce expense.

Mediation typically involves fewer of those, though the difference varies considerably by state and by how complicated the couple's finances are.

It is unsuitable in some situations

The process assumes both parties can advocate for themselves, which is why it is generally considered inappropriate where there has been abuse or a significant imbalance of power.

It also depends on honest disclosure, so a case where one person is concealing assets is unlikely to produce a durable agreement.

Where either of those applies, the appropriate step is legal representation, and in a situation involving safety, a domestic violence organization or law enforcement.

The outcome still goes through a court

An agreement reached in mediation is normally written up and submitted for approval, since a court order is what makes the terms enforceable.

Requirements for that step differ by state and change over time, as do rules about parenting arrangements and support calculations.

Because those specifics vary by jurisdiction, anyone considering this route needs advice from an attorney licensed where they live rather than a general description.