Why Choose Divorce Mediation?
Divorce mediation is a collaborative effort between couples, attorneys and mediators to develop an agreement that represents the best possible outcomes for all family members. Divorce mediation provides a process that helps the parties maintain a civil relationship which is particularly important when children are involved.
It is often more efficient, less expensive and less stressful than the traditional adversarial approach to divorce. The parties have more control over the outcome which leads to higher satisfaction with the dissolution process.
What is the Mediator’s Role?
- The mediator is a neutral third party who guides the negotiation process by facilitating communication, identifying the needs and interests of the parties and by helping generate potential solutions.
- The mediator helps the parties learn to work together by acknowledging emotions as they arise, neutralizing hostile language and reality testing proposed solutions during the negotiations.
- The role of the mediator is to assist the parties in reaching their own decisions—the mediator does not take sides or make decisions for them.
- The mediator is familiar with the relevant legal issues involved but DOES NOT provide legal advice to the parties.
- When an agreement is reached the mediator drafts a “Memorandum of Understanding” that is forwarded to both parties and their attorney(s)
- The parties can return for as many mediation sessions as they desire while they work toward their marital settlement agreement.
- All marital settlement agreements must be approved by the court.
What is the Attorney’s Role?
- The attorney’s primary function is to serve as legal counselor to enhance the mediation process.
- It is the attorney’s responsibility to ensure that the parties are completely informed about all of the legal issues involved.
- It is important to advise the clients about their rights and responsibilities so they will have a sense of the probable outcome and costs if the decision is left to the court.
- As the mediation process proceeds, specific legal questions may arise that should be discussed with the attorney before the mediation can proceed and agreements are finalized.
- Usually attorneys do not attend mediation sessions but they are welcome to do so if the parties would like them to be present.
- The parties can ask their attorney(s) to make themselves available for telephone consultation during the mediation sessions.
- The mediator and the attorneys can communicate directly if the parties consent.
- The attorney reviews each “Memorandum of Understanding” before it is finalized and signed by the parties. After agreements are reached, the parties and their attorneys will decide how to incorporate those agreements into the final divorce decree/order or into an existing decree/order.
- All court documents are prepared and completed by the attorneys.
- The attorneys represent the parties in all court proceedings.
- All mediated agreements must be approved by the court before they become part of the divorce decree/order.
The information contained on this page is a compliation of items prepared by Bianca T. Green, Illinois Mediation Services, Inc.; Mediator Tom Scott, Arnold Swartz and Associates, Business and Family Mediation, Lakewood, CO; and Zena Zumeta, Mediation Training & Consultation Institute, Ann Arbor, MI.
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