Mediation is a process in which a neutral third party, called a mediator, helps couples who are going through a divorce to reach agreements on issues related to their separation, such as child custody, child support, alimony, and the division of property. The mediator does not make decisions for the couple, but rather facilitates communication and negotiation between the parties to help them reach mutually acceptable agreements.
Mediation is typically a voluntary process, and both parties must agree to participate. The mediator is usually a trained professional, such as a lawyer, social worker, or therapist, who has experience in family law and conflict resolution.
During mediation, the mediator will typically meet with the couple together and separately to discuss the issues that need to be resolved. The mediator will help the couple to identify their interests and priorities, and will assist them in developing options for resolving their disputes. The mediator may also provide information and guidance on the legal aspects of divorce and the potential outcomes of different options.
One of the main benefits of mediation is that it allows the couple to have more control over the outcome of their divorce, as they are the ones who ultimately make the decisions about how to resolve their disputes. Mediation can also be less expensive and time-consuming than going to court, and can help to preserve relationships and minimize the emotional stress of the divorce process.
It's important to note that mediation is not suitable for all cases, for example if there is history of domestic violence, high-conflict or if one party is unwilling to negotiate. and in those cases, court litigation may be the best way to resolve the disputes.