What is the Mediation Process Like?

Advocates of the divorce mediation process point to the time and cost-saving benefits of mediation compared to traditional divorce proceedings. They also cite the benefits the process provides because of its ability to be tailored to each family instead of a “cookie-cutter” approach.

Steps in mediation

While the issues discussed in every divorce mediation session are different, the process generally follows a basic format. The mediator meets with the disputing parties individually, and then the first meeting of all parties begins with a review of the mediation procedures. Each party has the opportunity to present his or her view of the situation without interruption. The goal of the mediator is to assist the parties in identifying the issues by asking clarifying questions, taking notes, or helping to focus the discussion, and then allowing the parties to explore the needs that must be met by the solution. Once the interests and needs of each party have been stated, negotiations begin. Negotiations have the goal of searching for common ground by using problem-solving options individual to the specific case.

When general agreement has been reached—and if the parties agree that a written statement of the settlement is helpful or appropriate—the mediator works with the couple to draft a “memorandum of understanding.” If appropriate and if all parties agree, they may include in the settlement the right for each side to have his or her respective advisors or legal counsels review the document before it comes effective. If upon reflection any party wishes to modify the agreement, revisions can be negotiated through shuttle diplomacy or subsequent meetings. The parties themselves agree on a date after which the agreement takes effect, usually within two weeks of signing. The parties hold copies of the agreement.

In the divorce mediation process, all parties are free at any time to withdraw from participating. If a settlement is not achieved, the parties may pursue other means of dispute resolution, including formal administrative channels. By using mediation, one does not forfeit other rights if the mediation is unsuccessful.

When considering mediation, contact us

For those in the Bay Area, a San Francisco divorce mediator can help you determine the best and most effective process for your unique divorce matter. At McDonald & Mannion, we will help you through the process of your divorce mediation.

San Francisco mediator and attorney Brian McDonald offers mediation services covering divorce, business disputes, personal injuries, and probate matters. With over 25 years of experience, Mr. McDonald provides his clients with top-notch mediation and legal services.