Considering its many benefits, there is usually a great deal to be gained and very little to lose. The answer depends on a number of factors. If a lawsuit has been filed, mediation is usually most effective when the parties are represented and accompanied by their attorneys. In divorce matters, it is usually not cost-effective or necessary to have attorneys present, although they may be important for advice and for review and filing of any agreements made. If no lawsuit has been filed, attorneys would not usually participate in mediation, but they may still be very helpful in assisting the parties to know where they stand from a legal point of view.
Confidentiality is a ground rule in nearly all mediations.
Anything disclosed to the mediator in private is also confidential, unless you specifically authorize him or her to share it with the other party. Mediation is also valuable in family disputes requiring the design or modification of the terms of a divorce. Mediation has also been used with great success in labor, municipal, public policy, and neighborhood disputes, as well as in certain criminal matters. Its applications are almost unlimited. Reduced fees may apply to those in need of financial assistance, and additional fees may apply when travel is involved.