Mediation is an alternative dispute resolution process. Much like arbitration, mediation serves as an alternative to litigation during divorce and other protracted disagreements. The mediation process may allow people to settle disagreements amicably and privately. However, many people preparing for divorce worry about decisions that could diminish their rights.
Do those who agree to mediate divorce disagreements end up subject to a binding arrangement over which they have little control, as is sometimes the case in arbitration?
Mediation itself is not binding
Mediation is substantially different from arbitration. The neutral professional hearing the dispute does not make a decision about who is right or what resolution to the disagreement is most appropriate. Their function is to facilitate communication and compromise.
The spouses mediating their divorce disagreements are the ones who must reach an agreement with one another. If they fail to do so, they can either continue the mediation process at another session or agree to litigate because they cannot resolve their disputes amicably.
Mediation only becomes binding once spouses have agreed on terms and signed a document committing them to uphold those terms. Either spouse has the power to walk away from mediation at any point. That being said, even if it takes multiple sessions, successfully meeting a divorce can help people control costs and limit the uncertainty that comes with a litigated divorce.
Discussing the potential benefits and drawbacks of divorce mediation with a skilled legal team can empower spouses in what can be a frustrating process. Provided that both spouses approach mediation in good faith, they may be able to reach an agreement that ultimately protects them from the expense and stress of divorce litigation.