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Are mediated divorces better for children than litigated divorces?

While every situation is different, mediated divorces are generally better for the children involved than if the divorce goes through litigation. Mediated divorces provide an opportunity for the parents of a child to come up with parenting plans that are uniquely suited for the child’s well-being and for the ability and resources of each parent. […]

What happens if we cannot reach a divorce agreement during mediation?

While mediation is a good way to resolve a divorce, it is by no means a guaranteed success. Sometimes mediated divorces break down, leaving divorcing spouses without a completed divorce agreement to take to court to finalize their separation. When this happens, there are three paths that you can go down: Litigation, try another mediation, […]

What if we can’t agree on all the issues in divorce mediation?

Even if you and your spouse are unable to come to a satisfactory agreement on all of the issues during mediation, any progress made during mediation can help immensely if you choose to take your divorce to court. In short, mediation tends to be less expensive than litigation, so any issue that you are able […]

Are there some cases that should not go through mediation?

The short answer is yes, there are some cases that are not well-suited for mediation. However, it is important not to jump to conclusions about where mediation is more flexible and adept that many people give it credit for. There are three main classes of cases that are unsuitable for mediation: (1.) Extremely contentious cases […]

What are the issues that mediation can handle?

Because it is simply another way of resolving any disputes that you might have with your spouse as you pursue a divorce, divorce mediation is designed to handle any of the issues that might come up in your case. This includes problems that are often easy to settle as well as the ones that are […]

How can mediation produce a fair result?

By encourage each spouse to negotiate for their individual interests, while encouraging respect and dialogue when considering the other spouse’s needs and desires, divorce mediation is often the best way for separating spouses to reach a fair and mutually beneficial resolution in their divorce. The mediation sessions that are the backbone of the mediation process […]

How is mediation different from litigation?

While divorce mediation and divorce litigation are both dispute resolution methods, they achieve their results through very different methods. On the one hand, litigation focuses on providing justice to the right party. Because obtaining justice assumes that one spouse in the divorce is “right” and the other spouse is “wrong,” litigation relies on attorneys making […]

How is mediation different from arbitration?

Divorce mediation and divorce arbitration are different methods of dispute resolution or ways of resolving the issues that arise when you and your spouse decide to pursue a divorce. In divorce arbitration, spouses essentially hire a private judge to resolve their divorce. (Indeed, a great many arbitrators are quite literally retired judges.) The main advantage […]

Are divorce agreements created through mediation legally binding?

Yes, a divorce agreement that is the result of the divorce mediation process is just as legally binding as an agreement hashed out by attorneys during litigation (or ordered by a judge after trial). Indeed, one might say that the whole point of the mediation process is to produce an enforceable, legally binding agreement that […]