Private Mediation Parties who are familiar with the concept of mediation may choose to begin mediation prior to starting a divorce. This creates the possibility of reaching a comprehensive agreement before the pressures of an inherently adversarial process damage the parties' already troubled relationship. Even if parties are already involved in a divorce proceeding, they may turn to a private mediator to help them reach a settlement agreement through a collaborative process of private mediation. Most mediators report that comprehensive mediation, if successful, usually is completed in three to six mediation sessions. The cost of three to six mediation sessions is almost certain to be substantially less than the cost to each party of legal fees in a litigated divorce.
Mediators are neutral facilitators of communication and negotiation.
They help the parties understand each other's interests and concerns, and promote the efforts of the parties to fashion their own settlement agreement in a respectful, collaborative spirit. Mediators can also help the parties move beyond negative tactics such as manipulation and intimidation, and to be properly respectful and responsible to each other as they work out their agreement. When mediation is successfully completed, a comprehensive marital settlement agreement is prepared which is then presented to the court at the final hearing for its approval and the inclusion of the agreement in the divorce judgment.