Like collaborative divorce (discussed here) mediation offers an alternative method to resolve disputes between divorcing spouses. In mediation, the couple jointly chooses a neutral party who facilitates negotiations about key decisions like finances, co-parenting, splitting of the assets, etc. Mediators can be mental health or legal professionals who have pursued additional training to earn recognition as a Certified Mediator.
Unlike the collaborative divorce process, mediation does not result in a legally binding agreement and the mediator has no legal authority to make decisions. At the end of mediation, each spouse (usually) still hires their own attorney who represents the individual’s interests in the divorce. Those attorneys review the full report prepared by the mediator and verify its appropriateness for their client. It is important that spouses choose attorneys who are supportive of the mediation process and unlikely to undermine the agreements except in most extreme situation.
The advantage to mediation is that it can be far less stressful than a legal proceeding and it is much less expensive. That said, if the spouses do not come to an agreement through mediation, couples may find themselves starting over in the process with time and money lost. For that reason, mediation is best for couples who are very motivated to negotiate and who bring less conflict to the process.
When successful, mediation is a time and money saver and couples often report less conflict in the post-divorce years. Most states have a mediation council or association with websites that provide a list of available mediators. If you have already hired attorneys, they may also have a list of mediators who they would recommend.
For Illinois residents, you can start with the Mediation Council of Illinois.