What is Divorce Mediation?

The divorce mediation movement began to develop in the late 70’s, early 80’s when divorce professionals became frustrated that the divorce process had to always be about conflict. Spouses were pitted against each other as if they were in a war. It seemed odd that people who had once lived together and raised a family were suddenly encouraged not to speak to each other and act as if all they wanted to do was win. The founders of the divorce mediation movement believed that there were better ways to end marriages than the traditional hostile process.

Now...skip forward to today and you will find mediation being used in a variety of situations and often mandated by the courts.

The Mediation process involves using a neutral third party; “a mediator”, to assist your family in identifying and resolving issues through open communication and cooperation.

Mediation provides you with the opportunity to fairly, creatively and personally develop solutions that best meet your family’s unique situation and requirements. It is voluntary, informal and confidential.

Many families end up in court because they don’t know where else to go or emotions are the main basis for their decisions.

Mediation gives the control back to your family. During your marriage you made decisions together about how you were going to live your lives, raise your children, and manage your finances. Just because you’re getting divorced does not mean you should simply hand over all of those decisions to someone else. Mediation allows you to make decisions together that will affect the rest of your lives.

If you allow a judge to decide your case, he or she never truly gets to know you. The judge never talks to you alone and gets to know your feelings. In fact, the judge might never even hear you say a single word! Judges decide divorces according to set rules and standards, based only on the evidence that is presented in court. They don’t have time to make each decision personal and tailored to the family's needs. However,  when you use mediation, you can personalize your separation agreement and include everything that is important to you. Your family makes the choices that are suited to your specific situation.

The truth of the matter is that most cases settle before trial, often at the courtroom door. This is after months, perhaps years of legal battles, costs and massive amounts of emotional pain.

• Mediation is far less costly in both financial and emotional terms than the court process.

• Families can save up to 80% over a traditional courtroom battle by using the mediation process.

• Mediation allows you to act in the best interest of your children and yourself while saving time and money!

Please note that it is important to retain legal representation even during mediation to ensure that your rights are being protected.