During the divorce mediation process, both spouses work together to design the terms of their divorce with the guidance of a neutral, third-party mediator attorney. It is a viable alternative to a traditional divorce—in which each party negotiates back and forth through their respective lawyers—and it offers some distinct benefits, as well. To better understand these advantages, as well as the mediation process itself, below are answers to common questions about how it works.

A Guide to Divorce Mediation

What does the process involve?

The process begins by attending an initial meeting with a mediator attorney. During this meeting, you and your spouse discuss the issues that need to be ironed out for the divorce agreement and in what order these issues should be addressed. At subsequent meetings, which are only an hour or two long, you will discuss all the points to be included in the divorce agreement, such as child custody and support, alimony, and property and asset division. The mediator facilitates discussion, helps each party identify areas of compromise, and, once everything is determined, drafts paperwork and submits the final agreement to the courts.

What are the benefits?

One of the primary benefits of mediation is the power it gives to each spouse. It is the divorcing couple—not the courts—who makes the important decisions regarding the divorce. Mediation also promotes compromise and civility, which is crucial for couples with children who want to make the transition as smooth as possible for the kids. And most divorces resolved via mediation take between three and five sessions, so it's a much more cost-effective option than hiring individual attorneys to negotiate and litigate.

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

Court-ordered mediation has been deemed mandatory by a judge who feels a dispute can be worked out with the guidance of a mediator attorney. If you don't attend, you could face contempt of court charges. In private mediation, both sides willingly choose to work together and attend sessions that resolve the issues of the divorce.

What happens if I can't agree with my spouse?

Mediator attorneys are skilled in guiding the conversation toward resolution—even among couples who aren't able to get along—so, in most cases, all disputes are settled. On the off-chance they aren't, which is rare, you can always leave the one or two contested points out of the agreement and litigate them via the traditional court system.

The Law Office and Mediation Center of Jeannine M. Talbot offers mediation services to Litchfield County, CT, residents. Attorney Jeannine has over 20 years of experience representing family law cases and facilitating the mediation process. Schedule a consultation with this mediator attorney by calling (860) 482-9004. Visit her website to learn more about her services.