Divorce Mediation
In Mediation, a neutral, impartial mediator assists the parties
to negotiate and settle. The mediator does not give either
party individualized legal advice, but either or both parties may
have counsel present during mediation sessions or obtain advice afterwards. Once
an agreement is reached, it is often reviewed by counsel. As
compared to Collaborative Divorce, the tenor of a mediation depends
a great deal on the philosophy and style of the particular mediator,
and whether he or she is determined to focus on needs and interests
rather than positions. Unlike Collaborative Divorce, mediation
can and often does take place, in an adversarial atmosphere, whether
or not litigation has been commenced, and counsel are not committed
to resigning if the matter is not settled out of court.
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