How to Resolve a Divorce - Mediation

Mediation is a method of dispute resolution whereby an independent person facilitates an agreement between the parties.  The mediator does not make any decisions, but rather serves only to facilitate the parties to arrive at their own agreement.  The terms, and the fairness of the agreement, are decided by the parties themselves, with or without independent advice from their own attorney.  

Advantages to mediation

1. The costs can be reduced by the parties both paying one person- the mediator- during the course of the negotiations, as well as avoiding litigation costs if commencing the litigation is unnecessary.  You would be advised to have your own attorney during the mediation process, to meet with independently, to advise you of your rights during the course of the mediation. 
2. You and your spouse have complete control over the manner and timetable in which the agreement is reached. 
3. The negotiations can occur prior to the filing of any pleadings with the Court, allowing the parties to focus on the issues while avoiding allegations about the other.
4. It resolves the issues outside of the adversarial proceeding, and many find the process allows the parties to maintain a more healthy relationship during, and after, the case. 

Disadvantages to mediation

1. There is no ability to compel discovery from third parties.          
2. If you opt to attempt mediation prior to commencing litigation, you will lose the financial protections and right to seek Orders in the litigation as described above.
3. In a mediation attended by the parties only, the mediator simply serves as a facilitator who does not seek to advance or protect either party’s interest.   While this is beneficial in that it may serve to reduce the adversarial nature of the proceeding, you lose having an advocate directly involved in the negotiating process. 
4. If you and your spouse decide to have the attorneys involved in the mediation sessions, there are the additional costs of having the attorneys and the mediator being involved in the negotiation.

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