A mediator's role is not binding on the parties. The mediator does not make a final decision . Instead, the mediator's job is to help the parties agree. If the parties can not agree in mediation, it ends and the parents go back to court to resolve their dispute. Professional mediators may have certain skills that are beneficial in flushing out the real issues and trying to create a win-win situation for both parents.
Lawyers normally attend settlement conferences with judges.
In mediation, lawyers are optional, but the costs of the mediator can be shared between the parties. Putting a provision in a divorce agreement that arbitration must occur instead of litigation if the parents later have a disagreement may prevent costly litigation if future problems arise. The rules of arbitration may be less formal than litigation and lawyers again may be optional, resulting in savings to parents. Parents who can agree on all issues, either by themselves, with attorneys or with a mediator, can put their entire agreement in writing and ask the court for a dissolution of their marriage rather than a divorce. The court must ultimately approve of the agreement after a normally short hearing before a judge or magistrate.