Mediation
A voluntary process where a neutral third party helps divorcing spouses negotiate and reach agreements on disputed issues.
Understanding Mediation
Mediation is a less adversarial and typically less expensive alternative to litigation. The mediator facilitates discussion and helps both parties find common ground but does not make decisions or give legal advice. Topics covered include property division, custody, support, and any other disputed issues. Mediation is confidential, meaning statements made during sessions generally cannot be used in court. Many courts now require mediation before allowing a case to proceed to trial, and success rates typically range from 60-80%.
Real-World Examples
After two mediation sessions totaling 8 hours, they reached a full agreement on custody and property division, saving tens of thousands in litigation costs.
Related Terms
A trained neutral professional who facilitates negotiations between divorcing spouses to help them reach voluntary agreements.
Marital Settlement AgreementA written contract between divorcing spouses that resolves all issues including property division, custody, and support.
Collaborative DivorceA voluntary dispute resolution process where both spouses and their attorneys agree to negotiate a settlement without going to court. If negotiations fail, both attorneys must withdraw.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.