Understanding the Divorce Mediation Process
Mediation gives participants a structured opportunity to work through the decisions involved in separation and divorce. The process is collaborative, but it does not require participants to agree on every issue at the outset.
Divorce Mediation Process
Step 1: Learn about mediation
Begin with an initial consultation to understand the process, ask general questions, and discuss whether mediation may be appropriate for your circumstances.
Step 2: Complete suitability screening
Safety concerns, coercion, significant power imbalances, and other circumstances may make mediation unsuitable or require additional safeguards.
Step 3: Review and sign the agreement to mediate
Participants review the terms: the mediator's role, fees, confidentiality and its limits, expectations, and the scope of services.
Step 4: Identifying issues
The mediator helps participants develop an agenda based on their circumstances. Issues may include property, assets, debts, support, taxes, parenting arrangements, insurance, and business interests.
Step 5: Gather and review relevant information
Participants provide the financial and other information needed for informed discussions and applicable disclosure requirements. Outside professionals may be needed to address legal questions, tax consequences, business valuations, or other specialized issues.
Step 6: Discuss options and possible agreements
During sessions, participants explore options, discuss concerns, and work through areas of agreement and disagreement. The mediator facilitates the process but does not make decisions for them.
Step 7: Consider next steps
If agreements are reached, participants should seek independent legal advice about reviewing the terms and preparing any required legal documents. If some issues remain unresolved, participants can discuss their options with their own attorneys.
A few things to remember
- Mediation does not guarantee an agreement.
- Participation in this service is voluntary, subject to applicable requirements.
- Complete and accurate disclosure is important.
- The mediator is neutral and does not represent either participant.
- Confidentiality has legal limits that must be explained before the process begins.
- Either participant or the mediator may end the process when appropriate, subject to applicable requirements.
- Each participant is encouraged to obtain independent legal advice.
The process, fees, and documentation requirements will be explained before mediation begins and will depend on the circumstances of the case and applicable law.