How Does the Mediation Process Work?

While drafting divorce separation agreements are a very common application of mediation, it can be helpful in all manner of

family disputes including:

Custody agreements, co-parenting plans

Child support agreements

Premarital agreements

Elder care and issues of aging, and estate disputes

The mediation process typically involves all the parties meeting to discuss their views and hear the others’ concerns as well. The mediator helps to guide the conversation with the goal of eliminating impasse, unproductive emotionality, or disrespect between the parties.

Each appointment typically lasts about 2 hours and an entire mediation may last up to three or four appointments.

Throughout the conversations, the mediator will gather information that will become a Memorandum of Understanding.

Once an agreement is reached, the mediator will draft a Memorandum of Understanding. This Memorandum can be presented to an attorney to signify the parties’ own wishes for the resolution of the dispute, but is not legally enforceable in itself.

Mediation is a confidential process. Your mediator cannot be subpoenaed or otherwise publicly disclose what is discussed in your mediation session.

What if I can’t get the other party to agree to mediation?