Mediation is a voluntary process through which a neutral person (or persons) helps two or more people communicate with each other, often for the purpose of resolving a conflict or negotiating an agreement. Although approaches and styles do vary, generally mediators listen, empathize, help people clarify their interests and goals, and help people understand each other. Some mediators will offer direction to parties to move them toward settlement. In divorce mediation, the parties determine terms of their “divorce agreement,” a binding contract that is filed with the court as part of a divorce petition. While the mediator may not provide legal advice or representation to either party, the parties are encouraged to seek legal advice from outside counsel, and the mediator can provide general information about the relevant issues (such as the laws about child support or parenting time). If the mediator is an attorney, he or she may also draft the agreement and divorce petition documents.
