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What does divorce mediation look like?

On Behalf of | Jan 13, 2025 | Mediation Services

Family law issues can be disruptive and emotionally damaging. For example, arguments about child custody, property division or spousal support can cause a lot of stress and fighting within a family. Children feel the tension and experience the aftermath of these issues.

Mediation offers an alternative way to resolve these disputes. In divorce cases, this is called divorce mediation. But what is divorce mediation, and how does it actually work?

A step-by-step guide to divorce mediation

Divorce mediation is a process where a neutral person, called a mediator, helps a divorcing couple reach agreements they both accept on various issues. Here’s a general overview of the process:

  • Initial consultation: Mediation often starts with separate or combined meetings with the mediator. These meetings allow the mediator to learn about the couple’s situation and explain how the mediation process works.
  • Information gathering: The mediator may ask for financial documents, property records and other relevant information to help everyone have informed discussions.
  • Joint sessions: The couple meets with the mediator to discuss the issues they need to decide on, such as child custody and visitation, child support, spousal support (alimony) and property division.
  • Negotiation and agreement: The mediator helps the couple communicate and explore different options to find solutions they both agree on. The mediator does not make the decisions; they help the couple find common ground.
  • Memorandum of Understanding (MOU): If the couple reaches an agreement, the mediator usually writes a Memorandum of Understanding (MOU) that explains the key issues. This MOU is not legally binding by itself but serves as the basis for a formal legal agreement later.

Each person should have their own lawyer review the MOU before it becomes final and turns into a legally binding court order. This review ensures it is legally sound and protects their interests.

Assistance from professionals

While a mediator guides the discussions and helps people reach agreements, they cannot give legal advice to either person. Because of this, couples should consider seeking a legal professional. They can help you protect what’s important to you and fully understand how mediation works.