Frequently Asked Questions
Yes. Both parties must voluntarily participate. One spouse cannot force mediation on the other. Some states allow court-mandated mediation for custody/parenting disputes, but spousal agreement is required for general divorce mediation.
Yes. Statements made during mediation are confidential and not admissible in court (with exceptions for child abuse or criminal activity). The mediator cannot be compelled to testify. This confidentiality encourages open discussion.
Yes. Many couples consult an attorney before or after mediation, or have attorney review a draft agreement. Some mediations include both attorneys present; others have attorneys available for consultation outside the mediation room.
Either party can withdraw and proceed to litigation. The mediator's notes and statements made during mediation are confidential and cannot be used in court. Parties typically split the mediator's fee up to the point of withdrawal.
Most divorces are mediated in 4-8 sessions over 2-3 months. Complexity, number of assets, and intensity of conflict affect duration. Each session is typically 1-2 hours. Timeline is much faster than litigation, which averages 1-3 years.
Mediators may be retired judges, divorce attorneys, therapists, or trained neutral mediators. Some specialize in co-parenting disputes; others handle full divorce mediation. Certification/credentials vary by state. Experience with family law is important.