Mediation is a dispute resolution method often used to negotiate a divorce
settlement. In divorce cases that involve mediation, the couple hires
a third party who is neutral to both parties to serve as mediator. The
mediator is responsible for helping the couple resolve issues through
The Benefits of Mediation
Although mediation can be one of the most amicable ways a couple can reach
agreements in the divorce process, many do not understand the benefits
of using such a method. Our Oregon divorce lawyers have listed some of
the advantages of using mediation:
- The parties involved in the marriage control the process rather than the court.
- In many cases, mediation is less expensive than a series of court hearings
or a court trial.
- Mediation allows for parties to communicate openly, which can prevent future
conflicts from occurring.
- Mediation provides divorcing couples with freedom to tailor personalized
solutions that you can’t get in court, using your own ideas about
what you think is fair and will work for your particular situation.
- Couples can still involve lawyers to provide legal counsel and advice through
the mediation process.
- Mediation is confidential, so public records will never store what occurs
during your sessions.
- Mediation can also help to preserve a good working relationship between
the parties, which can be extremely beneficial, especially if you have
The Limitations of Mediation
There are some situations in which mediation may not be successful. Typically,
this happens when the spouses are simply unable to communicate effectively
– if they are not talking, if every conversation turns into a fight,
or if either party is unwilling to compromise.
Agreements reached in mediation are not legally binding until they are
signed and filed with the court.
Should Couples Who Choose Mediation Still Involve Divorce Lawyers?
The short answer to this question is yes. Couples who choose to negotiate
with one another through mediation should each seek legal representation
from an experienced lawyer in order to avoid unnecessary problems and
issues from arising. For instance, a spouse wishing to avoid paying spousal
or child support or one who may be trying to delay proceedings may slow
the mediation process. Your family law attorney can help both parties
remain on track so that the entire divorce process is streamlined from
start to finish.
Additionally, a family lawyer is permitted to attend any mediation sessions
with you, if necessary, in order to ensure your rights and future are
safeguarded. You may also wish for your attorney to prepare the final
settlement agreement that will finalize your divorce.
Considering Divorce? We Invite You to Contact McKinley Irvin Today.
If you are considering filing for divorce, we encourage you to contact
our team of Portland divorce attorneys at McKinley Irvin. We understand
that family law related matters can be stressful, and we are here to stand
by your side should you choose to work with us.
To speak with a member of our team, call us today or submit a consultation