Mediated Divorce



A divorcing couple’s decision on how they divorce is very important. Mediated divorce is designed to promote civility and preserve goodwill, and can lead to years of successful co-parenting and diminish the chances of a prolonged struggle. Attorney-led negotiation and mediation in the midst of litigation can also produce positive outcomes for each individual and the family members.

The mediated divorce process works to achieve specific goals: to reach settlement without litigation; to promote civility and empowerment; and to favor informed and creative approaches to resolution over judicially imposed resolutions. In mediated divorce, the spouses often postpone filing a complaint for divorce until they have a signed settlement, allowing them to focus their negotiations more on their individual needs and less on what a judge might decide. In addition, the spouses in a mediated divorce work with a neutral mediator to reach a settlement, either with or without their attorneys being present, depending on the issues and the parties (attorneys are always actively involved in a collaborative divorce). If the spouses are in divorce mediation, their attorneys will provide advice and counsel either before and/or during the mediation session.

Mediated divorce may be just the right choice for parties who seek an alternate route to divorce. The goal is to resolve issues amicably, avoid litigation and avoid adversarial techniques. Smith Haughey has trained mediators with years of experience to assist those seeking divorce to do so amicably and without litigation.