In mediation you and your spouse meet with a trained mediator who helps facilitate a settlement agreement. Mediation can be with or without lawyers and there are benefits to both.
Mediation without lawyers
In mediation without lawyers, you and your spouse meet privately with the mediator. Everything said to the mediator is confidential. The Mediator will meet with you and your spouse, help you gather your financial information, and brainstorm with you and your spouse to develop alternative solutions to the issues in dispute. However, the Mediator cannot give you legal advice. For this reason, it is critically important that you consult with an attorney simultaneously while attending mediation. The downside of mediation is that you do not have your lawyers to advocate for you, explain the law, or tell you your rights. This sometimes results in verbal agreements that after consulting with a lawyer, need to be renegotiated. One of the benefits is the up-front costs are less albeit, by the end, the costs are pretty close to other negotiating methods.
Mediation with lawyers
In mediation with lawyers, you and your spouse have your lawyers attend the mediation. Everything said in mediation is also confidential. The lawyers are present to explain your rights. Sometimes the mediator will place you and your lawyer in a separate room from your spouse and lawyer. This can reduce tension between you and your spouse but it can also reduce the free flow of discussion and ideas. The cost of mediation with lawyers is higher since there are three professionals at each meeting.
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