Mediation is a peaceful, respectful problem-solving process that couples can use to work out problems or disagreements they may have about their parenting, property division, child support or spousal support arrangements. Instead of asking a judge to decide these matters for them, couples can use mediation before, during or after any sort of legal action has already been started or completed. It may be used by couples who are still married, separated or already divorced, as well as those who were never legally married but have children together.

Mediation involves the couple sitting down with a specially trained impartial facilitator (the mediator) who helps the couple calmly discuss their concerns and negotiate with one another to try to work out their own voluntary settlement to any matters they may be in disagreement about. In mediation, the couple is helped to work cooperatively to resolve their differences and to reduce any anger and bitterness that may exist between them because of their past relationship. It is NOT, however, therapy or the practice of law; i.e., mediation is NOT focused on helping the couple understand why their relationship failed, or giving the couple legal advice, drafting legal documents or representing the parties in court. In mediation, couples have the opportunity to work together to try to reach an agreement on how they want to handle their parenting, property or support arrangements in the future.

After an agreement is reached, the mediator will write up a final summary of the settlement terms which can then be quickly and inexpensively transferred into the required legal paperwork and filed in court by an attorney. This legal filing process by an attorney ensures that the voluntary agreements reached by the couple in mediation will become enforceable by the court.

Who is it for?

Mediation is best suited for:

couples who have decided to end their relationship/marriage but would like to do so in as peaceful a way as possible;

Couples who know that ending a relationship, especially when they have children together, can be a very painful process and want to move on with their lives and avoid additional pain;

Couples who would like to be a part of the decision-making process that is related to the ending of their relationship and/or their future parenting/property and support arrangements rather than to have others decide what is best for their family;

Couples who do NOT want any disagreements that may unnecessarily harm their children.

How long does it take?

Domestic mediation sessions usually run about 2 hours in length and are generally scheduled to take place on a weekly basis until all the issues of concern have been addressed by a couple. The process can be completed in anywhere from 1 to 7 sessions, depending on the number of issues that need to be worked out and how quickly parties are able to work through their differences.

How much does it cost?

Domestic mediation services start at around $200.00 per hour and up. Couples can be helped to voluntarily decide how much of the hourly mediation fee each of them is able and/or willing to pay.

How well does it work?

Agreements reached by couples in mediation provide a higher rate of satisfaction than those established in the traditional adversarial legal process. Couples who have participated seem to be much more comfortable with and more likely to follow through on agreements that they make voluntarily and that they help design for themselves. Seriously consider using mediation as a first resort to resolving your family law disputes.