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Divorce and Mediation as a Tool for Settlement

May 31, 2016 @ 11:37 AM — by Michael Green

The process of a divorce may have mediation as part of it in many ways.  Parenting time and custody mediation is first done in the courts for free for the parties early on in any divorce case that is filed in an attempt to remove those issues from any divorce litigation and to isolate out the economic issues from the custody issues, either of which may bog down any divorce litigation.  If the parties can come to an agreement in custody mediation, they may memorialize it in a consent order in the case.  Thereafter, only the economic issues may have to be litigated.  Later in the case, the parties are court ordered to economic mediation where they have to pay a court appointed mediator to mediate only the economic issues of their case.  Mediation may also be used in the beginning of the case by the parties in an effort to develop an MOU or Memorandum of Understanding which is agreement regarding all the issues of divorce, including child support, child custody, alimony and equitable distribution of property.  This then has to be converted to a legally enforceable agreement as the MOU is just an agreement to agree.  Mediation may also be used by the parties at any point in the divorce or for postjudgment issues that they may encounter after their divorce, in an attempt to avoid costly and protracted litigation in court.  

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