What Is Divorce Mediation?

Mediation is a flexible dispute resolution process in which an impartial third party facilitates negotiations between parties to help them devise their own, mutually acceptable solutions. The mediator will ask questions, reframe issues, assist the parties to understand each other, and help identify solutions. The mediator has knowledge of likely outcomes, how the issues are usually addressed by the court system in Oregon, etc.  

When parties seem unwilling or unable to resolve a dispute, one good option is to turn to mediation. Mediation as a process is generally:

• Short-term

• Structured

• Task-oriented

• "Hands-on"

• Confidential

• Less expensive than a trial

​

The mediation process is less expensive, and much more simple than formal litigation. Mediation allows the parties to focus narrow legal issues that need to be resolved rather than fault.  If the parties reach an agreement, the agreement is put into writing to avoid hearings or trials, thereby reducing legal fees. 

The mediation process doesn't focus on truth or fault. Questions about which party is right or wrong are not important.  The issue is how the problem can be resolved. 

A mediator helps the parties find common ground and deals with unrealistic expectations. The mediator might also offer creative solutions and assist in drafting a final settlement. The role of the mediator is to:

• Interpret concerns

• Relay information between the parties

• Frame issues

• Define the problems

• Control the process in a way that lets each party express their view in a civil manner

• Finalize terms of an agreement

If an agreement is reached it is typically reduced to writing.  Most divorce mediations result in the agreement being converted into the necessary divorce court documents and divorce judgment.   These documents are then submitted to and adopted by the court without any need for a court appearance or hearing.   Almost universally the parties express more satisfaction with a mediated agreement rather than going to court and they are more likely to follow the terms of the agreed upon settlement they created.