Frequently Asked Questions

  • Does the mediator make decisions for us during divorce mediation?

    No. The mediator facilitates conversations and helps both parties work through areas of agreement and disagreement, but doesn't represent either party or make decisions. Each participant retains decision-making authority and is encouraged to consult with an independent attorney for legal advice about their individual rights.
  • What's included in the Memorandum of Understanding after mediation?

    The MOU summarizes the terms both parties agreed upon during mediation sessions. It's prepared after agreements are reached and serves as a reference document that parties can review with their respective attorneys before signing or relying upon final legal documents.
  • Can mediation help with issues that come up after a divorce is finalized?

    Yes. Post-divorce mediation addresses changes or disagreements that arise later, such as modifications to parenting schedules, support adjustments, or new financial circumstances. Not every issue ends when a divorce is finalized, and mediation provides a structured way to work through these matters without returning to contested litigation.
  • When is virtual mediation more practical than in-person sessions?

    Virtual mediation works well when parties live in different locations, have demanding schedules, need to accommodate childcare responsibilities, or prefer to avoid travel. The same structured mediation process takes place remotely, allowing both parties to participate from wherever they are.
  • What financial matters can be addressed through divorce mediation?

    Mediation can address spousal support or maintenance, division of assets and debts, marital residence decisions, bank accounts and investments, retirement accounts and pensions, and vehicles or other property. Parties exchange information needed to have informed discussions about each financial issue.
  • How does mediation differ from having a lawyer represent you in court?

    Mediation provides a neutral environment where both parties work together toward mutually acceptable solutions, rather than resolving every issue through contested litigation. The mediator doesn't represent either party—instead, you maintain control over decisions while the mediator facilitates productive conversations.
  • What happens during the information gathering phase of mediation?

    Both parties gather and exchange the information needed to have informed and productive discussions. This includes financial documentation, property valuations, income records, and other relevant materials depending on the issues being addressed—such as parenting, support, property, or debts.
  • Can you use mediation just for parenting issues without addressing finances?

    Yes. Mediation can focus on specific issues the parties choose to address. Parenting-focused mediation can help develop practical agreements regarding child custody, parenting schedules, holidays and vacations, transportation, child support, and decision-making for children without requiring resolution of all divorce-related matters.
  • Is mediation legally binding once you reach an agreement?

    The Memorandum of Understanding itself is a summary document. Parties are encouraged to review the MOU with their respective attorneys before proceeding with final legal documents. The binding nature depends on what legal documents are ultimately prepared and signed following independent legal review.
  • What makes mediation inappropriate for some divorce situations?

    Both parties must be willing to participate voluntarily and engage in the process in good faith. Mediation may not work when one party is unwilling to participate, there's an inability to communicate productively, or circumstances prevent meaningful negotiation. An initial consultation helps determine whether mediation may be appropriate.
  • How do you identify which issues need to be addressed in mediation?

    During the second step of the process, the mediator works with both parties to identify matters that need resolution—which may include parenting, support, property, debts, and other financial issues. This ensures all necessary topics are covered before information gathering and mediation sessions begin.
  • Why should you consult an attorney if the mediator doesn't represent either party?

    The mediator facilitates neutral conversations but doesn't provide legal advice about individual rights and circumstances. Each participant needs independent legal counsel to understand their options, review proposed agreements, and ensure their interests are protected before signing final legal documents.