What is divorce mediation and should I try it?

Divorce mediation is a process where a neutral third party, called a mediator, helps both spouses negotiate and reach agreements on the issues in their divorce. The mediator does not make decisions or take sides but rather facilitates communication and helps the parties find common ground.

Mediation can address all aspects of a divorce, including property division, spousal support, child custody, child support, and any other disputed issues. The process is generally less formal than court proceedings and can take place over one or several sessions.

The advantages of mediation are significant. It typically costs substantially less than litigation, often a few thousand dollars compared to tens of thousands. It is usually faster, with many mediations resolving in weeks rather than months. It gives both parties more control over the outcome, and research suggests that agreements reached through mediation tend to be more durable because both parties had input.

Mediation may not be appropriate in all situations. If there is a significant power imbalance between the spouses, a history of domestic violence, or if one spouse is hiding assets, mediation may not be the best approach. Both parties need to be willing to negotiate in good faith for mediation to succeed.

Many states require or strongly encourage mediation before allowing contested issues to go to trial. Even if your state does not require it, most family law professionals consider it a valuable first step.

DIVORSAY helps you prepare for mediation by organizing your financial data with ClearSplit and your documents with Evidence Vault, so you walk into mediation sessions informed and organized.