ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Mediation and Collaborative Law

What is mediation?

Mediation is a process in which the parties to a divorce (or some other dispute) try to resolve their disagreements outside of court with the help of a mediator. The mediator cannot force a settlement, but tries to assist the parties to clarify their interests and work out their own solution. In divorce actions, mediators are often involved in custody and visitation disputes. They can also handle property disputes, support disputes, and other issues. If the parties resolve their disagreements through mediation, the lawyers for both the parties should be involved in finalizing and approving the agreement.