The mediation process provides an alternative to adversarial family court litigation by offering couples and parents an opportunity to voluntarily negotiate terms for divorce, post-divorce spousal maintenance, child support, and child custody agreements that are mutually agreeable and legally binding once approved by both parties. A professionally trained mediator presides over the negotiations to provide legal information and help structure productive and legally sound agreements. If an agreement is reached during mediation, the terms are written out as a settlement agreement, which is then signed by all parties. Once signed, this settlement agreement is filed with the court and is binding and non-revocable (neither party can change their mind, and a judge cannot change the agreement). 

There are many benefits to pursuing mediation rather than or before proceeding to litigation in family courts, including:

1) Make decisions for your own family

Rather than having your personal and family life arrangements dictated by a judge with a limited understanding of your life based on the facts presented to them, mediation allows the opportunity for you and your co-parent and/or soon-to-be-ex spouse to reach your own agreements about how to structure your lives and the lives of your children. In mediation the interests and views of each of the spouses and parents are heard and considered, so the resulting arrangements fairly take into account the views of both sides, and compromises can better reflect the unique needs of your family.

Once an agreement is reached in mediation, a formal settlement agreement is signed by all parties and filed with the court and it is considered final and legally binding. Neither a judge nor your co-parent/soon-to-be-ex-spouse can alter the settlement after it is signed in mediation.

2) Privacy

All of the discussion that takes place during mediation is confidential. Unlike a court proceeding where testimony and evidence can become a matter of record and are presented before a judge and audience, mediation allows all parties to securely and privately discuss all of the issues at hand without fear that what they say can be used against them later if the case enters litigation.

The only exception to this is the formal settlement agreement that results from successful mediation-that agreement is signed by all parties and filed with the court.

3) Less expense and less emotional toll

Mediation is a much more affordable and less stressful option for resolving family law matters than litigation in court. Litigation can be drawn out over months or even years, with the costs of retaining your attorney to continue working on your case adding up. And the lack of quick resolution plus the oppositional and stressful nature of going to trial against your co-parent or soon­to-be-ex spouse can put further strain on you and your children during an already difficult time.

Mediation offers a more positive, collaborative, and timely option for coming to legally binding agreements with your soon-to-be-ex-spouse or co-parent about divorce, alimony, custodial issues, and child support. With the support of a neutral mediator, all parties will discuss the issues at hand to explore the best possible options and arrangements for your family in a private setting. Mediation moves at the pace you are most comfortable with, allowing you ample time to discuss matters with your attorney, ask questions, and ensure that your views on each matter are heard.