Litigation delays divorce, sometimes for several years, compromises privacy and depletes marital assets that could be divided between the parties or allocated to provide for the children. In mediation, the parties, with the help of a trained mediator, negotiate directly with each other to reach an agreement on all aspects of their separation. Couples negotiate and resolve issues such as the division of property, parenting arrangements and child support. The mediator is a neutral party whose function is to facilitate negotiations by identifying issues, exploring potential solutions and advising the parties of all matters that should be addressed in a final agreement. The result is a less co ntentious and less expensive divorce.
Many mediators are attorneys with special training in divorce mediation.
After the parties reach an agreement, the mediator, who is also an attorney, will draft a memorandum embodying the terms of such agreement. In order for a couple to successfully mediate the terms of their divorce, they do not have to be best friends. Marital difficulties are often accompanied by anger, distrust and a breakdown in communication between spouses. A skilled mediator can diffuse n egative feelings and help each party present their needs in a way that the other can hear and understand. This enables the parties to fashion an agreement that each party finds acceptable.