Informal. Mediation is well suited for many divorces because the process is informal and flexible; attorneys are not necessary, but invited to review final agreements. There are no formal rules of evidence and no witnesses. The process relies on individuals’ truthful and full disclosure of their finances to one another.
Confidential. As a settlement option, mediation is a strictly a confidential process. The mediator will not and can not disclose any information revealed during the mediation to others (except a mediator is a mandated reporter and must report child abuse). The sessions are not tape-recorded or transcribed.
Quick and Inexpensive. When parties want to get on with their business and their lives, mediation is an option to consider. Mediation generally takes less time to complete, allowing for an earlier solution than is possible through litigation.
Greater Degree of Party Control. Parties who negotiate their own settlements have more control over the outcome of their dispute. Parties have an equal say in the process. There is no determination of fault, but rather, the parties reach a mutually agreeable resolution to their conflict. As long as their agreement conforms to applicable law and guidelines, the parties control the case; the Court approves their controlled agreement.
Preservation of Relationships. Many disputes occur in the context of ongoing family relationships. Mediated settlements that address all parties’ interests often preserve working family relationships in ways that would not be possible in a win/lose decision-making procedure. Mediation can also make the termination of a divorce relationship not only more amicable, but less emotionally stressful.
Mutually Satisfactory Results. Parties are generally more satisfied with solutions that they have had a hand in creating, as opposed to solutions that are imposed by the Court, a third-party decisionmaker.
Comprehensive and Customized Agreements. Mediated agreements often help resolve procedural and interpersonal issues that are not necessarily susceptible to legal determination. The parties can specially craft their settlement to their particular situation and attend to the fine details of implementation.
A Foundation for Future Problem-Solving. After a mediation resolution, if a subsequent dispute occurs, parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.
Office of Federal Special Counsel. 2025.
For a free initial consultation regarding whether your divorce can be resolved through mediation, call Alan 913.953.5264 or see my website: www.rosenaklaw.com.
