About Divorce Mediation
Divorce mediation is a process where separating parties come to a divorce or separation agreement with the help of the neutral mediator(s) in any of the many mediation formats. Typically, the mediator(s) will meet with the couple together, facilitate communication where necessary, help them to articulate their goals and help them to creatively resolve the issues before them. Assuming the parties reach an agreement in mediation, generally the attorney mediator will draft the agreement for them and file all necessary documents with the court.
Mediation in its various permutations and hybrid formats are principled, respectful ways for couples to manage their own divorce process.
- To respect each other’s goals and priorities;
- To provide full, open, voluntary, prompt and honest disclosure, and to update information as it changes whether asked to or not;
- To keep confidential all conversations, meetings and information exchanged during mediation sessions and all communications and information exchanged as part of the mediation process, which means that neither party can disclose or share such minutes, information or conversations other than signed Judicial Council Forms or jointly signed agreements, if any, to a third-party decision maker, such as a judge;
- To engage in honest, good faith, interest-based negotiation tactics;
- To retain experts (such as appraisers, financial professionals, etc.) jointly;
- To refrain from requesting a decision from a third party (a judge, for example); should either party do so, the mediator will withdraw from the case;
- (If children): To focus on their children’s best interests in a way that promotes a caring, loving and involved relationship between the children and each parent both now and in the future.
Accordingly, Mediation and Collaborative Practice share the same core principles: