It can happen in two different ways. Number one, the court could order you to mediation or the parties can go voluntarily to mediation. If they come, they will meet with an independent person – it could be a lawyer, it could be a therapist, or another person who is trained in mediation – and they guide the process so that both parties can reach their common goals of self-sufficiency and meeting the kids’ best interest. Once people come into the divorce mediation process, everything that happens in there is confidential. All information has to be disclosed. If someone wants to tell the mediator something that they think they should know while they’re doing the mediation, they can do that separately. Hopefully by the end of the process, the parties are educated and have come to an agreement.
With 30 years of experience in family law, Laura M. Urbik Kern is a certified mediator and family lawyer who concentrates on dissolution, family and juvenile law, child support, and complex domestic relations cases.