Domestic Mediation

Domestic mediation address issues in dispute within and/or among families. It is a non-adversarial process where parties have an opportunity to negotiate mutually beneficial terms privately and confidentially. In a divorce, domestic mediation can address issues such as the terms of the divorce, custody and visitation, property settlement and child support.

In mediation, a neutral third party (mediator) facilitates communication between the parties concerning the matter(s) in dispute and explores possible solutions to promote understanding and settlement. As self-determination is the fundamental principle of mediation, it requires that the mediation process rely upon the ability of the parties to reach a voluntary agreement.

As opposed to going to court where a judge makes decisions based on limited information, mediation gives all participants the opportunity to speak and be heard. Mediators are skilled facilitators who encourage appropriate conversation, manage uncomfortable situations, and move the disputing parties towards resolution. Mediation can be stopped by either party or by the mediator, if deemed necessary, at any time. Domestic mediation can be either ordered by the court or arranged voluntarily by the parties.

Following mediation, the mediator prepares a document called the Memorandum of Understanding. The Memorandum of Understanding contains the agreements made by the parties and is signed only by the mediator. Each party receives a copy and is advised to provide it to their attorney for review. In some cases, parties who choose not to retain a lawyer make arrangements with the court to have their agreement read into the record as a consent judgment.

Advantages of Domestic Mediation

• Non-adversarial
• Protects children
• Preserves the interest of all parties
• Private and confidential
• Avoids the expense of a lawsuit
• Saves time
• Improves communication and problem solving skills
• Provides a context for practical decision-making
• Parties retain a sense of ownership in the dispute / resolution
• Compliance is more likely when parties create their own solution
• Easy to arrange

If you are interested in finding out more information about domestic mediation, please contact me by email at or phone at (504) 952-9177.