Rather, the mediator empowers the couple through the process, facilitating their negotiation towards their own informed and fair agreement, on their own terms, with their own values and priorities. But the benefits of mediation do not stop there. Informed of, but unrestricted by the narrow parameters imposed by the law, mediating parties can use the flexibility of the process to forge a creative agreement, tailored to the unique circumstances and needs of their own family. Not surprisingly, research has shown that compliance and satisfaction with mediated agreements is higher than those imposed upon divorcing couples by a third party, i.e. a judge. In contrast to the conventional adversarial divorce, mediation views divorce as an ongoing emotional and family problem, not just a one-time legal problem.
Divorce represents the dissolution of only one relationship, that of husband and wife.
It does not and should not rupture the entire family, especially concerning relationships between parent and child. In mediation, divorcing parents are trained to develop the necessary skills for successful co-parenting required by their new family status. Mediation is not an isolated process, but one which seeks guidance from outside attorneys, therapists and rabbis to inform couples of their rights and responsibilities as parents and separating couples. Mediation offers a fresh opportunity to alleviate potential problems with this concern by its orientation towards cooperation and communication. While mediation cannot solve the agunah problem, it can reduce the number of problems by directing couples away from an adversarial and hostile process.