Parties to a divorce may resolve their disputes outside of the court in a process known as mediation. The mediator attempts to help the parties determine their specific interests and come to an equitable solution, but does not have the power to force a settlement. Most mediators are usually either lawyers or mental health professionals.
In divorce actions, mediators frequently evaluate visitation and custodial disputes. The court will appoint a mediator to try to resolve the problem before bringing the case before the judge. When the court orders mediation, it is usually provided for no cost or low cost to the parties. Court-appointed mediators often have degrees in social work or psychology.
Mediators may also assist in financial matters such as property or child support disputes, however, parties will usually need a private mediator for these issues. Court-affiliated mediators tend to deal only with custody and visitation issues. These mediators are usually practicing attorneys, although they do not serve as attorneys in the settlement process. It is recommended for individual parties in a divorce action to have their own lawyers to approve and finalize the settlement reached during mediation.
There are several advantages to utilizing the mediation process. First, it is quicker and cheaper than extended negotiations by attorneys or resolution by the courts. Second, effective mediation can help the parties avoid future disputes, and assist them in developing their problem-solving skills. Effective mediation can have a positive psychological impact on parties going through a difficult time.
Mediation also has disadvantages in certain situations. When mediating financial issues, one party will need a lawyer if the other party is potentially hiding assets or income. Mediators do not have the legal resources of an attorney, such as the ability to subpoena documents or witnesses to obtain information. Divorces involving domestic violence also frequently create a problem for mediators. Many victims of physical abuse are unable to adequately convey and protect their own interests. Mediation may still be possible if the victim does not feel intimidated by the other party at the time of mediation, or if the mediator makes sure that the abused party's needs are met. Finally, a major disadvantage of mediation is that if it does not succeed, then the parties spent a lot of time and money and still have to pay the expenses of going to trial.
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