How is divorce mediation different from the traditional approach?
A. In the traditional approach, each spouse is represented by their own attorney whose only role is to represent that individual’s best interests in the pending case. All communication is supposed to go through the attorneys from one side to the other. The lawyers are prohibited by law from speaking directly to the other party without that person’s attorney being present. The opposing parties (i.e. husband and wife) are strongly discouraged from communicating with each other due to concerns that either might disclose confidential information to the other side that would be harmful to the discloser’s interest, or that the direct communication could become so acrimonious that it might preclude a peaceful resolution to the case. By comparison, divorce mediation requires the parties to communicate directly with each other face-to-face, with the assistance and participation of a mediator trained in both productive conflict resolution and the law. In most mediated divorces, neither party ret
