Divorce Mediation

We look here at divorce mediation: How it is used, why it is used, and when it should be used. 

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Divorce mediation was created as an alternative to traditional divorce litigation. The core objective of divorce mediation is to create a divorce agreement that can be submitted to a court, thus avoiding costly court time and heart ache. By its nature divorce mediation is managed by a neutral third party, though both partners are required to participate.

In a divorce mediation session, the mediator will direct the discussion between the husband and wife with an aim to provide information and suggestions to help resolve key differences. Divorce mediation sessions might include the couple's favoured lawyer, a neutral attorney, or a specialised attorney-mediator who does not provide advice to either partner but instead oversees the legality of the agreement. Alternatively, mediations can be conducted without attorneys.

Two key points are central to all divorce mediation:

•  Divorce mediation can be significantly less expensive than litigation

• The adherence rate to mediated agreements is much higher than that of adherence to court orders.

When choosing a mediator, though there are no clear licences or qualifications for the position, a few key skills are essential. A divorce mediators understanding of various matrimonial laws in any given state or country is key to their usefulness. Both parties must feel comfortable that their mediator is qualified and neutral, or the process is likely to fail. Once a qualified, neutral mediator has been appointed, it's still ideal if each spouse has his or her own attorney available to double check agreements and to draft any legal documentation required by the court.

Since both parties are sharing the cost of divorce mediation, it can be significantly cheaper than litigation, particularly because the cost is shared. Some mediators charge by the hour and some will quote a flat rate fee. Use your best judgement to establish which method is most likely to save you money. If the divorce is amicable and there are only a few points of contention then an hourly rate is probably preferable.

Of course, divorce mediation is not guaranteed to succeed and requires a certain level of co-operation from the participating parties. It is absolutely essential that both parties understand that the divorce mediation is in both of their best interests, as it seeks an absolutely fair separation agreement. However, divorce mediation can often break down due to one party feeling that the mediator is taking sides and for this reason it is wise to employ personal lawyers to assure of legal fairness and due care.

For further information on this and surrounding issues, take a look at our guides on divorce laws, and family laws.