Mediation is an alternative dispute resolution process that both parties agree to participate in rather than proceeding through the “court process” which requires the court to decide how to divide property, draft a parenting plan, and establish spousal and child support orders. During the course of the mediation, the parties will meet with the mediator to develop child custody parenting plans, divide assets, establish temporary support or income sharing arrangements and assist the parties in obtaining information from each other that is critical to the resolution of the divorce. As agreements are reached, the mediator memorializes the agreements in writing so that each party has an opportunity to review the terms with counsel prior to signing the documents.
Generally, it is recommended that each party consult with independent counsel to ensure that each party is comfortable with the terms of the agreement and that they fully understand the rights that they have with respect to the agreement. Though each party may consult with independent counsel, the cost associated with mediation is generally much lower than proceeding with court intervention where independent counsel is much more heavily involved.
Mediation allows you and your soon to be former spouse to control the outcome of your case rather than letting the court control the outcome. It also allows you openly and freely discuss issues that arise without fear that what is said in mediation will be used against you as the process is confidential. Thus, if you want a safe place to control the outcome of your divorce, mediation is the right choice for you.