How does divorce mediation work?
Brian S. Loughmiller’s Answer:
Mediation is an alternative dispute resolution process in which the parties, with their attorneys, will meet with a mediator and discuss the different issues that they have with their case, whether it be child custody related or property issues. You do all this outside of the court process. The hope is that you reach an amicable resolution and don’t have a lot of anger over the divorce itself and hopefully come to a good conclusion.
A lot of times, the mediation process will actually start after a lawsuit been filed, and after you’ve gone through the discovery process. But it will happen before any opportunity to go to court for final trial.
Mediation gives you that ability to reach agreements without going through the litigation process. I’ve had some very significant cases where we’ve had psychological issues that have needed to be addressed, people that have bipolar disorder or other diagnosed mental health issues, and you’re able to work through a process in both mediation and collaborative laws. It’s a different process, but the same impact in that you can come up with methods for treatment and schedules for access to children that will protect the children and ensure that the person’s remaining in treatment while they’re going through that without it being known publicly.