Divorce Mediation FAQ

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 divorce mediation, and how is it different from arbitration?

Divorce mediation is a process in which divorcing spouses try to negotiate an acceptable divorce agreement with the help of a neutral third party: the mediator. The mediator helps the spouses to communicate and negotiate but doesn't make any decisions for them.

Both mediation and arbitration involve a neutral third party who is not a judge. In mediation, the neutral party has no power to make decisions. In arbitration, the neutral third party -- the arbitrator -- listens to the facts and then decides the case, just as a judge would. Although the parties can present evidence and make arguments, they have no say in the final decision.