What is the role of mediation in resolving divorce and custody disputes?
Mediation is one of 5 methods available for deciding the issues in a divorce or custody case. The 5 are, in order of amount of control by the parties: • A. Informal discussions – You and your spouse reach agreement through informal discussions. • B. Mediation – With the help of a trained mediator, you and your spouse resolve the issues. • C. Collaborative Law – Each hires a lawyer trained in Collaborative Law. Both lawyers and both parties commit to resolving the case without going to court. • D. Negotiation – Each of you hires a lawyer and negotiations between the lawyers result in an agreement. • E. Court – If discussion, mediation, and negotiation do not settle all divorce issues between you and your spouse, the Master or judge will make the decisions, after a contested hearing. Some couples use a combination of 2 or more of the methods. For example, they decide custody through discussion or mediation, property division by negotiation through their lawyers, and then leave support fo
