Questions:

• What is divorce mediation, and how is it different from arbitration?
• Why is mediation better than going to a lawyer -- or is it?
• What is the difference between court-ordered mediation and private mediation?
• How do mediating spouses protect their legal rights?
• Does the mediator meet with both spouses together or separately?
• How much does mediation cost?
• How long does mediation take?
• How can a divorcing couple find a good mediator?

Answer:

What is the difference between court-ordered mediation and private mediation?

As its name implies, court-ordered mediation is mediation that is required by the court as a part of a divorce proceeding. In many places, mediation is mandatory when there are custody or visitation issues. In fact, court-ordered mediation usually is limited to child custody and visitation issues, while private mediation often also covers financial issues and property division. There is often no fee charged for court-ordered mediation, whereas private mediators usually charge an hourly or per-session fee. The mediator in a court-sponsored program often makes a report to the court; private mediation is usually confidential.