Divorce Mediation is the new trend. Divorces and Custody Battles are increasingly resolved through mediation.
Many times people come to me requesting mediation and they discover that they have already resolved the big issues such as whether they will share decision making regarding the children and how they will allocate parenting time or what we once called visitation. They already know who gets the house or whether it should be sold. They have already decided whether and how much child support shall be paid. Those couples do not need mediation per se just an attorney to memorialize their agreements in writing to present to the court.
But what if they haven’t resolved those issues? Or what if there are bigger issues such as one person wanting maintenance or what we once called alimony? What if there is a business? If the parties think they can resolve these issues in mediation, then they should go to mediation or they could try a collaborative approach where all the attorneys involved such as myself are trained mediators.
Unfortunately, there are cases which are not mediatable or even good candidates for the collaborative approach. The emotions may be too strong or one party may be hiding assets or absolutely unwilling to compromise. That is when it is best to file and ask a Judge for a recommendation for settlement.
Even after filing, there is are plenty of opportunities for mediation and compromise. The court will require mediation on the children’s issues and in some cases can order mediation on the financial issues as well.
If you are considering a mediated divorce and want to know if that is a good fit for you, contact an attorney who is mediation friendly.