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People have options as to how they want to get divorced. One is traditional litigation through the court system. Another option is facilitative Mediation, which is what this page is about. The last option is the Collaborative Divorce process.
Mediation is different from the act of practicing law in that the Mediator is a neutral third party, whose role is to help divorcing parties discuss and resolve their disputes.
This happens outside of court. If Alisa Peskin-Shepherd serves as Mediator for a couple seeking to end their marriage, she cannot later represent one of them as a divorce lawyer.
Mediating parties come together to articulate the issues they’re facing, discuss their shared and opposing interests, and build understanding. From there, guided by the Mediator, they share information to discover ideas that can lead to a mutually beneficial resolution.
If you’re going through the court system, most cases go to mediation, but it’s a different kind of Mediation than the facilitative Mediation, where the parties meet alone with the mediator. If you’ve filed a case with the court, your Mediation will be with your attorneys and as a step prior to trial.
Mediation is a voluntary process; parties are not required to come to an agreement, although that is the goal of Mediation. And it works out quite well when resolution happens!
A mediator has no power to make a decision for the parties. However, good mediators help divorcing spouses reach a resolution they can both live with and agree to.
Most mediations begin with everyone convening for an exploratory session. The parties explain the issues. The Mediator lays out the terms of mediation, describing the process and explaining her role so everyone understands the process. Together, the Mediator along with the couple, establish ground rules for how to move forward.
If the parties reach an agreement through Mediation, the Mediator can help write the agreement. Once signed by the clients, such an agreement is enforceable.
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Interested in learning more about Mediation?
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