According to the situation, the mediation meeting can be held with both parties present (often referred to as “joint sessions”). During mediation, it is not uncommon for the mediator to meet privately with both spouses (called “private caucus”) The goal of this approach is to bring spouses closer together.

Most states protect “mediation confidential” under the law. All communications and documents disclosed in mediation are confidential. This is in contrast to the court process, which has a public character. The mediation process is more satisfying for spouses than litigation. divorce mediation has many advantages, including that the spouses can discuss their concerns in the mediation process (rather then fighting over their positions), and thus have an opportunity to meet their needs.

In general, divorce mediation is a much faster and cheaper way to resolve divorce than going through the court system. It also costs less money in terms of legal fees.

The primary aim of mediation is to keep conflict at a minimum. Conflict can quickly escalate when spouses litigate their divorce with lawyers, leading to a sharp rise in legal costs and hostility between spouses. Attorneys often advise clients to cease communication about the divorce. This can lead to conflict. It leads to misunderstandings, and spouses miss out on the chance to agree without formal litigation.

To protect their children’s well-being, parents have an interest in minimizing conflict. The parents will not be husband and wife, but they will continue to have a relationship as coparents. Parents can lay the groundwork for a healthy co-parenting partnership by choosing mediation.

As part of mediation, both spouses have the option to consult with an attorney at any point during the process. The spouses may also decide to not have formal legal representation but consult with an attorney for advice. Responsible mediators will encourage their spouses to consult with a lawyer or legal advisor before they sign the final Divorce decree.

Some spouses may be intimidated by the other to take their own decisions during mediation, for example, when there has been domestic violence in the marriage. In these situations, although attorneys are not usually present at mediation meetings, they may be. The decision can be guided by an experienced mediator.

Mediation ordered by the court is mediation required as part of divorce proceedings. In some states, “mandatory” mediation is required for issues of custody and visitation. There is usually no or very little fee charged for mediation ordered by a court. However, the mediators may be provided by the court. The mediation can only cover certain issues relating to children and is limited in time. The court ordered mediation is not confidential.

In addition to custody, parenting, and financial issues such as property division, debt distribution, and spousal maintenance, private mediation covers them all. All issues are resolved in private divorce mediation. Private mediators charge a fee per session or hour with a four-hour minimum. Some mediators now charge flat rates for the whole process, which allows spouses to predict their total costs. Private mediation is private.