Negotiations are likely to take place through your attorneys, with or without the assistance of a mediator. If a mediator is retained, our firm usually recommends a former judge who is trained as a divorce mediator to assist with the resolution of your case.
On the day of the mediation, both parties’ counsel and the parties will be present, but in separate conference rooms, and the mediator will go back and forth between the parties until agreement is reached on some or all issues. Most often, this takes place over the course of one day (sometimes in particularly difficult cases two days are needed).
The benefit of mediation is that the parties are resolving the issues themselves through voluntary agreement instead of having a third party decide the issues for them. By explaining to the clients the various possible outcomes of a court ruling, a judge mediator helps the clients make a cost-benefit analysis of whether it is better to settle in mediation or proceed to court.
Carol A. Rubin is a licensed mediator in the State of Virginia for custody and support issues.