Mediation is a process in which both parties meet, ordinarily at the mediator’s office, and a mediator goes back and forth between the parties in an attempt to resolve any disputed issues involved in the divorce. The process may or may not involve attorneys. You may be in the same room with your spouse, or you may be kept in separate rooms. Ordinarily you will be in a separate room from your spouse with your attorney. Although mediation is required in all divorce cases involving child custody, it can also be a voluntary process. In all cases where mediation is used, the parties retain all decision-making authority. The mediator is not a judge, and he or she cannot and will not make a decision for you; they are simply a neutral party trying to facilitate settlement between you and your spouse. It is a very useful tool to help your divorce conclude in a timely, agreeable manner.

Mediation is ordinarily not involved in uncontested or no-fault divorce cases, because the parties have agreed, or intend to agree, on all issues of division of marital property and debt, child custody, and alimony. Under certain circumstances, mediation may be utilized before divorce or child custody papers are filed with the court to attempt to make a potentially contested divorce uncontested.

If your divorce is contested, you will almost certainly be required to attend mediation prior to a final hearing or trial of your case. In that case, your attorney will help you to prepare for mediation and should either attend with you or be available by phone in case you have any questions during the mediation.

If You Have Questions Please Feel Free To Contact Our Office.
Ryan K McFarland • attorneymcfarland@gmail.com •1 (931) 919-4376