There are times when both parties are respectful of each other, but for one reason or another, they come to the conclusion that they should obtain a divorce. Mediation may be the best solution.
Mediation is likely to be a good option for people that continue to have an element of trust in the other, where both have good knowledge of the marital finances, and can work with each other in a respectful and reasonable manner.
A divorcing couple will meet the mediator for an initial consultation together. The mediator will explain the process and guide the couple through the issues that must be resolved in order to obtain a divorce.
The success of mediation relies on both parties participating voluntarily and in good faith. Unlike litigation, the mediation process is confidential. Both spouses must want to resolve their issues in a fair and equitable fashion and be willing to actively participate in the process. The parties decide on what is fair and equitable, not the Court.
Mediation is a flexible process. It can take place either privately, before a Complaint for Divorce is filed, or during the divorce process after a Complaint for Divorce has been filed. It can take place with just the parties and mediator, or attorneys may be present.
A successful mediation will conclude with a Memorandum of Understanding that will be given to the parties' attorneys for review and completion of the divorce process.