In divorce mediation, the mediator facilitates negotiations between the divorcing couple. After the mediation session, the mediator will write a memorandum of understanding containing the issues that are resolved. The statement is provided to the attorneys of the couple, who then draft a formal separation agreement based on it. It is important to note that many mediators are not lawyers, so they may not consider all of the issues that need to be addressed in a separation agreement.
Unlike traditional courtroom negotiations, divorce mediation involves a single session to settle any remaining sticking points. Couples can resolve complex issues like family homes, alimony, and child custody and support during one session. Divorce mediation is also beneficial for couples who want to minimize their children’s emotional and financial costs. Although divorce mediation is not suitable for everyone, it can help prevent many unpleasant emotions and traumatic experiences from occurring. This is because both parties can communicate their needs and demands in an open and honest manner.