What Is Divorce Mediation
Each person who makes the decision to end their marriage deserves access to a dignified divorce process — and for many, divorce mediation provides just that. Divorce is one of the most difficult experiences a person can go through, but with the help of a skilled, neutral mediator, you’ll receive the support you need to reach an amicable agreement on the issues that matter most.
What is Divorce Mediation?
Divorce mediation allows you and your spouse to choose a skilled, neutral facilitator to help you settle your divorce outside of the court system and to negotiate issues such as child custody and support, alimony, and division and distribution of marital property and debts.
For divorce mediation to work well, both spouses have to agree to participate in it. The good news, however, is that when they do, mediation can help divorcing couples reach amicable agreements that meet their needs — and the needs of their children — without the additional stress of court.
What Does a Divorce Mediator Do?
A qualified mediator will guide you and your spouse with the goal of helping you amicably resolve the issues in your divorce, both in the immediate and long-term.
Your mediator will help you communicate with each other to develop your own practical solutions to the complex challenges presented by your divorce. They will also work to ensure that both of you have a voice throughout the resolution process. If you’re worried that your spouse is a more powerful negotiator than you are, the mediation process could offer you both a more level playing field for these important discussions.
Ultimately, your mediator’s goal will be to give you and your spouse the best opportunity possible to reach comprehensive agreements that meet the needs of you and your children.
Mediators Versus Attorney Mediators
Acting as a facilitator in your divorce, a mediator considers the issues of your divorce from all sides, suspends judgment, and provides guidance without taking a personal position. An attorney-mediator does all of the above and, due to their deep understanding of and experience with the law, can help you come up with creative, long-term solutions to the problems posed by your divorce. At New Hope Divorce Mediation, we are attorney-mediators, bringing our vast experience in family law to our meditation process to help you achieve better agreements and outcomes. Read more about the difference between mediators and attorney-mediators.
Note: While we use the shorthand term “mediator” throughout our website, the NHDM team is made up of trained attorney-mediators who have deep legal knowledge and experience to help us guide you through the divorce process and find practical, enduring solutions.
The Benefits of Divorce Mediation
Through mediation, you and your spouse will have the opportunity to actively resolve the issues of your divorce to come to an amicable agreement. Here are some unique benefits of mediation:
Mediation Saves Time
When you litigate your divorce in court, the pace and flow of your divorce depends mostly on the schedules of others, including your attorney, your spouse’s attorney, the judge, the court docket, court dates, and many other factors that come with the territory of adversarial litigation. Mediation, on the other hand, centers on open, direct communication between you and your spouse, and cooperation in sharing information and ideas with one another. Your mediator will support you both through every step of the process, and will facilitate your communication, all of which naturally favors a much speedier, more efficient, and more amicable way to divorce than can be achieved in court.
Mediation Saves Money
When you are choosing between litigation and mediation, one of the first questions you might ask is how much does divorce mediation cost?
Mediation is dramatically less expensive than going to court because you won’t be paying two litigation attorneys for the duration of a drawn-out legal battle. Litigation attorneys charge hundreds of dollars an hour, for every minute of their time, and you will both be relying on your attorneys to act and advocate on your behalf throughout an inefficient and protracted court process. That is why divorce and custody litigation routinely costs spouses tens or even hundreds of thousands of dollars and can take years to resolve.
When you choose mediation, however, you and your spouse are making decisions cooperatively and communicating directly with each other, which keeps any expensive attorney time to an absolute minimum. You are also working with a skilled, neutral facilitator who will help keep you on track, work through challenges, and use your time and resources wisely. At New Hope, we charge a flat fee for our services — not on an hourly fee basis — which means your costs will not only be much lower, but also much more predictable.
Mediation is Resolution-Focused
It is a common misconception that divorcing couples need to “get along” for mediation to be successful. While that is a terrific place to start, for many who are just beginning the divorce process, communication is often at an all-time low. By helping you and your spouse focus on the best interests of your family — and encouraging you to attack the issues at hand rather than each other — your mediator will support you in reaching a settlement that works for both of you.
Mediation Offers Privacy
When you opt to have your divorce litigated, the conversations you have in court may become public record. Understandably, however, many consider the decision to divorce a deeply personal one, which can make the very idea of public disclosure distressing. Through mediation, you and your spouse will have the freedom to discuss the issues of your divorce and express your needs privately and on your own terms.
Is Divorce Mediation Right for You?
If you and your spouse are looking to resolve the issues of your divorce as amicably and efficiently as possible, then mediation might be for you. And while it’s best to begin mediation earlier in the divorce process rather than later, it is never too late! You can still opt for mediation even if you or your spouse has already initiated litigation.
What to Expect During Divorce Mediation
Most people who are considering mediation don’t know what to expect. At New Hope Divorce Mediation, we keep you informed, in control, and out of court, so you can get divorced efficiently and with dignity — while feeling supported every step of the way.
Free Consultation: During your one-hour Zoom consultation, you and your spouse will meet with one of our attorney-mediators to discuss your needs and decide if mediation is right for you. At the end of the meeting, you’ll receive a flat fee quote for the entire process.
Mediation Sessions: Your mediator will help and your spouse negotiate and navigate the issues of your divorce so you can reach an agreement that meets all of your needs. You will benefit from the unparalleled support of an experienced, compassionate, skillful attorney-mediator who will be with you every step of the way.
Drafting the Agreement & Review: After the mediation sessions have concluded, your mediator will draft a Marital Settlement Agreement and Custody Agreement that reflects the financial and custody terms you and your spouse agreed on. Each of you will have the opportunity to review the draft agreements yourselves, and with your own, independent attorneys and financial professionals if you wish.
Filing Your Divorce With the Court: Once you and your spouse have signed your finalized agreement, we’ll prepare the documents you will need to file with the court to obtain your Divorce Decree. We will support you through every step of this pro se filing process.
Learn more about what to expect during the divorce mediation process.
Conclusion
If you’re considering divorce, you’re probably feeling scared or overwhelmed. Choosing mediation — and the right professionals — can help ease you through the most difficult parts of the process so that you feel stronger, more confident, and at peace with your decision by the end of your journey.