Over the past five to ten years, and especially post-Covid, I have seen my divorce mediation practice increase significantly. There are several reasons for this. First, mediation in family law matters keeps costs down. While I often tell mediation clients that they should each have their own attorney to review any agreements, most often, the time and effort spent working through those agreements in mediation reduces attorney time and eliminates court costs. Additionally, during Covid, many courts were shut down for a period and subsequently backlogged. Mediation with a trained and certified mediator provided clients with a way to keep their divorce moving forward when the courts were not an option. Further, in recent years, many separating couples recognize the benefits of choosing to mediate their divorce matter in an effort to uncouple in a more amicable manner. However, how do you know if mediation is right for you? Here are a few things to consider.

1. While emotions are often involved in a divorce, if you and your spouse can shift your focus to a fair asset division and what is best for your children, while keeping emotions in check, mediation is a great option. The process will involve both of you working together with the mediator to craft a resolution that you are both comfortable with. Therefore, as mediation requires communication and trust between both parties, it is usually not an option when there has been physical or emotional abuse in the relationship.
2. Mediation can often be a more cost-effective process for resolving your differences. If you and your spouse are committed to the mediation process and trust each other to share information, mediation will often result in cost savings for both of you. The mediation process is more flexible than court proceedings, allowing the process to move along more quickly and often reaching a result with fewer fees.
3. If you and your spouse communicate better in the presence of a third party, mediation may be the perfect choice for your divorce. While a mediator does not represent either party and is, therefore, not providing legal guidance, a mediator will facilitate communication between spouses regarding issues related to divorce, custody, and support. The mediator will identify and address issues that both parties want to discuss and may even raise important issues you have not considered. This process allows both parties to remain resolution-oriented and focus on what is best for your family.