Family Law Newsletter

Successful Divorce Mediation

Divorce mediation, an alternative to traditional divorce proceedings, is a means to resolve the complex issues of a divorce. Mediation involves the services of a trained and neutral person who works with the parties to facilitate the settlement of disputed issues. Such person is known as the “mediator.”

In traditional divorce proceedings, the judge ultimately determines child support, child custody, spousal support and property issues. Mediation, on the other hand, allows couples to control the outcome of their divorce. Additionally, the mediation process is non-adversarial in nature, which is especially important for couples with children, as like-minded parents can establish parenting plans with minimum disruption to the lives of their children.

Preparation for Mediation

Divorce mediation is most effective when both spouses have accepted that a divorce is imminent. However, even when only one spouse has decided that they want a divorce, mediation may still be a viable option.

Special Issues That May Frustrate the Mediation Process

It is recommended that the couple be in good mental and emotional health before entering into mediation. If the mediator feels that one spouse’s emotional health is at stake, she may refer that spouse to counseling before beginning the mediation process.

Mediation may not be the best alternative in all situations. For example, mediation may not be suitable in situations where domestic violence or drug and alcohol abuse are involved. Inherent in domestic violence situations are volatile feelings, and often, emotional abuse. This often creates a communication gap between the parties that even mediation cannot overcome. Where alcohol and drug abuse are involved, mental impairment and erratic behavior can follow, often frustrating the goal of mediation.

Other factors that may frustrate mediation include:

• Spouses who lie about finances
• Easily intimidated spouses
• Contentious spouses
• Spouses who feel that the other spouse is incapable of child care

© 2026 NextClient.com, Inc. All rights reserved.

• Custodial Accounts Held for Minors
  Minors have no legal capacity to manage property. Thus, transferring property and other assets to minors can be problematic. For example, parents or other adults may wish to convey a small amount of property to a minor without investing... Read more.
• Distinguishing Collaborative Divorce From Divorce Mediation
  Couples that seek to dissolve their marriages without the challenges of litigation often turn to alternative dispute resolution. Non-litigation settlement strategies are particularly effective for couples committed to maintaining... Read more.
• Tax Treatment of Payments Mischaracterized as Alimony
  Three major issues commonly resolved in a divorce decree or agreement are: alimony, or spousal support; division of property; and child support. Each has its own tax treatment and implications. In general, for federal income tax... Read more.
• "Excess Alimony" Under Federal Tax Laws
  Most divorces involve a division of property between the spouses. If there are children from the marriage, the parent not granted custody usually must pay monthly child support. In addition, one of the spouses may be granted monthly... Read more.

• Fender Says It Is Not Suing Guitar Makers as Stratocaster Design Dispute Draws Industry Backlash
• Supreme Court Reinstates Conviction in Etan Patz Murder Case
• Missouri Judge Strikes Down Major Abortion Restrictions Under Voter-Approved Amendment
• Florida Attorney General Sues TikTok Over Minor Accounts and Safety Claims
• D4vd Granted Delay in Murder Case as Judge Pushes Probable Cause Hearing to July