You and your spouse or partner determine the outcome, facilitated by one or more professional neutrals. You have the option of retaining advising lawyers to help you navigate the mediation and educate you on your legal rights and responsibilities and/or to review your final agreement.

Different types of mediation:

• Private confidential mediation without lawyers in the room: you and your spouse meet together to come to an agreement with the mediator’s guidance
• Integrative Mediation/Co Mediation: neutral professionals co-mediate (lawyer and financial professional, lawyer and mental health professional, etc.)
• Private confidential mediation with lawyers in the room: you and your spouse and your lawyers meet together to come to an agreement with the mediator’s guidance
• If litigating child related issues, the court usually provides one short session.

Benefits/Advantages of mediation:

• The Mediator is a neutral professional (does not represent either of you) who facilitates decision-making
• When agreements are made together, they are more likely to be kept
• You have the ability to develop creative solutions tailored to your situation
• The process is private
• Participation in the mediation process is voluntary and one or both of you can opt out at any time
• Decision making is in your hands: you control the outcome
• Mediation is typically the shortest and least expensive process
• You can use mediation to design creative solutions where there is no law or the law is unclear
• The mediation process promotes the preservation of the parenting, friendship, business, and family relationships
• The conversation between you and your spouse or partner is facilitated by your mediator

Risks/Disadvantages of Mediation:

• You may not be comfortable in the same room with your spouse or partner
• You or your spouse or partner may not be able to negotiate effectively even with a mediator present
• You cannot compel your spouse or partner to make decisions
• You cannot compel your spouse or partner to keep commitments
• You cannot compel your spouse or partner to meet deadlines for completing tasks
• Mediation may not be appropriate where there is coercive control or intimate partner/domestic violence present
• The Mediator does not advocate for either person and may not be able to overcome a power imbalance

Learn more about divorce mediation.