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In some cases, divorce mediation is an effective way to help couples agree on a divorce agreement. Smetimes couples just need a neutral third party to help them decide. Unlike arbitration where the third party hears the facts and makes a decision, the third party has no power to make decisions in mediation.
There are court-ordered mediation and private mediations. Court-ordered divorce mediations usually cover child custody and visitation issues. In fact, some places make mediation mandatory when there are children involved in the divorce. Private mediations, on the other hand can cover a lot more than that, such as financial issues and how property is going to be divided.
Even if the mediator has no power to decide over the issues being mediated upon, it's better to have legal counsel present and giving advice to you before you agree to any terms in the settlement. Hiring a lawyer to offer you legal advice and looking over the divorce settlement before you agree to it can save you from a lot of headaches in the future.
Depending on the mediator, some of them prefer to work as a go-between, meeting with each spouse individually to avoid experiencing delays due to arguments. Some prefer to hold joint meetings where both the spouses are present and points can be argued back and forth. Depending on individual situations, both approaches may have their own pros and cons. It's better if the couple who are seeking divorce mediation talk to each other about this before they approach a mediator.
Mediations that are court-ordered are usually free, and private mediations are paid (either by the hour or per session). Community-based mediation agencies provide mediation services at a reduced cost. Some may even provide these services free. Since the mediator will need to gather information pertinent to the divorce as well as spend time negotiating with both parties, the cost of mediation also greatly varies from case to case. Although private mediation can be quite expensive, it's a lot less expensive than litigation and could also give you faster results. Compared to litigation which could take months and years to complete, mediation can be over in as short as one session, depending on how the negotiation goes between couples.
Mediation can help preserve relationships for divorcing couples, especially if they need to have ongoing contact with each other because they share a child together. However, mediation may not be the best way to go for couples who have a history of substance or alcohol abuse, and where domestic violence is involved. In such cases, a more structured and protected process like litigation may make more sense.
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