A Family Law mediator who mediates divorcing couples should have experience in divorce related cases and mediations, be ethical and have an ability to explain. Legal training for a divorce mediator is helpful, but specifically marital divorce experience is particularly important since the practice of divorce law requires not only skill and knowledge but the ability to understand how to assist parties.

Mediation: It is one type of dispute resolution in which the participants meet with a trained neutral person, a mediator, in order to work through their issues. These meetings typically occur outside the presence of attorneys. After each session, a mediator will usually issue a written summary of what was accomplished, which can then be forwarded to the parties respective attorneys for review and input.

A mediator does not take sides or represent the interests of either party but moderates the discussions between the parties, often making non-binding suggestions. The participants retain control over the process and therefore the results. The driving force behind mediation is the motivation to settle at a controlled cost in a controlled setting. Occasionally, the mediator will work in tandem with a psychologist or various other combinations of professionals in order to help the parties move effectively toward settlement.

Interactive Mediation: It is a similar process but one that includes the participation of attorneys in the mediation sessions. Often attorneys will first prepare a summary of the case for the mediator, which saves time and effectively bringing the mediator up to speed on the unresolved aspects of the divorce. For example, it is entirely possible for parties to have resolved the matter of custody but not visitation; or to have resolved all matters concerning the children but not those pertaining to the division of the marital property.

An interactive family law mediator may be an attorney or a retired judge. The interactive mediator may make non-binding suggestions and although the parties still retain control over the results, the mediator is an active participant as well as a moderator.

Attorneys: It is typically advisable for the mediating couple to each have their own attorneys to review whatever agreement may be reached, as the agreement is a binding legal document. This is a safety valve which is well worth the expense, and that expense is typically dramatically less than what would have been incurred without mediation. The Attorney s role is to review all documents, assist in the preparation of the financial statement and all court filings. The Attorney can also be retained to bring the matter before the court for the court s final review.

Add Your Picture

About the Author

Article Written By: Corwin Smith

Rating: Not yet rated


No comments posted.

Add Comment

You do not have permission to comment. If you log in, you may be able to comment.

You Can Link Directly to "MEDIATION: A CIVILIZED METHOD TO BECOME DIVORCED" by using the url:

This Article Has Been Published on Thu, 12 May 2011 and Read 1236 Times

Find The Best Articles at

Related information on Legal

Need to hire a law attorney?
Mediation vs Litigation
When You Need the Services of a Private Detective in the UK
The emphasis falls on service in a good UK process service.
Providers of legal services do much more than serve papers
Changing name is a hassle free task now!
Disestablishment Of Paternity
Separation Agreement
Family And Medical Leave Act Developments: Who Is A Parent For Purposes Of Child-Related Leave Under The FMLA?
Why People Change their Names?
Fundamental Rights of The Domestic Violence Act, India
What to look for in a Divorce Attorney
Toronto Lawyer Helping With Family Matters
Collaborative Divorce: Revolutionizing the Way Divorces Are Handled
Family Law: Some Basic Things You Need To Comprehend
Your Pets Have Rights in Family Law
Obtaining Your Birth Certificate Using Internet
A Unique Manner to Order Birth certificates
Minnesota Family Law
Importance of a Truck Accident Attorney
Causes Of Divorce Why Couples Divorce
Divorce and the Problem of Enforcing Access
Know About Virginia Traffic Laws.
Choosing the Best Minneapolis DWI Lawyer


Useful Resources


Total Category: 571

There are 32 users online.