Mediation and Divorce

The subjects of divorce mediation include, but are not limited to, those that would be resolved by a judge in court, but for the mediated settlement.  The mediation process then can be seen as an alternative to the court process. Divorce mediation is defined as a nontherapeutic process at which the parties together, with the assistance of a neutral third party resource attempt to systematically isolate points of agreement and disagreement.  They also try to explore alternatives and consider compromises for the purpose of reaching a consensual settlement of issues relating to their divorce or separation.

Mediation is a process of conflict resolution and management that gives back to the parties the responsibilities for making their own decisions about their own lives.  It is usually conducted in private without the presence of the parties’ attorneys.  It can be conducted with the presence of the parties’ attorneys.

There are several different ways to conduct alternative dispute resolution tactics such as mediation.  One possible way of doing it is when the parties all meet in one room together with the mediator and try to talk through some of their issue.

Another way to do it is sometimes the parties initially meet together.  Then, the parties caucus and each party will go into a different room.  The mediator will then go from one room and discuss several issues with one of the parties and then go into the other room and find out what that party’s primary issues are.  The mediator will then attempt to help reach a meeting of the minds on each of the issues with both of the parties to where each party arrives at a settlement agreement on each issue in the case.

This method keeps the parties out of the courtroom unless and until a settlement agreement is made.  If no settlement can be made then the parties can always go to the district court on issues relating to divorce, child custody or child support.