Mediation is an alternative to the traditional divorce process, serving as a form of alternative dispute resolution. Statistics show that nearly nine out of ten mediated divorce cases go on to settle successfully. In addition, about 66 percent of couples who go through mediation report being satisfied with the outcome of the mediation process.
To make an informed choice about your divorce options, it is important to understand the differences between mediation and other available methods.
Keep reading to get a deeper insight into the mediation process and the advantages of this method.
- What is Mediation?
- What Are the Advantages of Mediation?
- What Happens When Mediation Isn’t Working?
- Contact a Colmar Family Law Attorney for a Consultation About Divorce Mediation in Pennsylvania Today
What is Mediation?
Mediation is an alternative divorce method that involves negotiation between the two parties. This negotiation process is facilitated by a third-party, known as a divorce mediator. Divorce mediators are trained professionals who facilitate negotiations and act as neutral mediators, ensuring impartiality throughout the process. The neutral mediator hears both parties’ respective needs and terms, exchanges information, and facilitates the bargaining process.
Mediation sessions typically take place in the mediator’s office, providing a neutral and informal environment. Mediation is a confidential process, ensuring privacy and discretion for both parties involved.
It isn’t the mediator’s position to resolve problems. They will also never force an agreement onto either spouse. It’s also not the mediator’s position to offer legal advice. Each spouse is instead encouraged to obtain legal representation. During a mediation session, spouses meet with the neutral mediator to discuss and resolve issues collaboratively.
The Role of a Divorce Mediator
A divorce mediator is a neutral third party who plays a pivotal role in guiding divorcing spouses through the mediation process. Unlike a judge in a litigated divorce, the divorce mediator does not make decisions or provide legal advice. Instead, the mediator’s job is to facilitate open communication and help both parties identify their needs, clarify their goals, and work collaboratively toward a settlement agreement.
During mediation sessions, the mediator helps spouses address and resolve disputes related to critical matters such as child custody, spousal support, property division, and child support. These sessions typically take place in the mediator’s office, providing a confidential and neutral environment where both parties can discuss intimate details of their divorce without fear of public exposure. The mediator ensures that each party has the opportunity to express their concerns and priorities, fostering mutual respect and encouraging creative problem-solving.
One of the key benefits of divorce mediation is the level of control it offers to the parties involved. Rather than having a judge impose divorce terms, spouses are empowered to make their own decisions and shape the outcome of their divorce process. This self-determination often leads to more satisfying and lasting agreements, as both parties have actively participated in crafting solutions that reflect their best interests and the needs of their children.
The success of mediation depends largely on the willingness of both spouses to communicate openly and cooperate in good faith. The mediator helps keep discussions focused and productive, guiding the parties toward possible solutions and helping them overcome impasses.
While mediation is a cost-effective and less stressful alternative to traditional litigation, it may not be suitable in cases involving domestic violence or other extraordinary circumstances where one spouse’s safety or ability to participate freely is compromised.
Ultimately, the role of the divorce mediator is to support divorcing spouses as they settle disputes and reach a mediated agreement that can be incorporated into their divorce decree. By choosing mediation, many couples find a respectful and collaborative path forward, reducing the emotional and financial toll of the divorce process while prioritizing the best interests of everyone involved.
What Are the Advantages of Mediation?
Mediation offers several well-known advantages. Here’s a brief overview of some of the benefits:
- Can be faster than the traditional divorce process
- Confidential
- Mediation may be less expensive
- Both parties maintain more control over the divorce outcome
- Parties have greater freedom to come up with creative arrangements, whereas a judge is bound by legal precedent
- Mediation may result in greater compliance by both parties
- Mediation facilitates better communication between the parties
- Mediation can lead to less stress by promoting open communication and cooperative problem-solving
- Mediation helps protect the legal rights of both parties, especially regarding child custody, property, and support
- Mediation can help resolve issues such as parenting time
The agreements reached in mediation are documented and may require legal review and court approval to become legally binding.
When both parties come into mediation prepared to make decisions and compromise, the whole process can be done within a matter of hours. This arrangement may reduce the financial and emotional costs associated with divorce.
Unlike the court, where court dates are scheduled by the courts and court proceedings are formal and public, mediation offers flexibility and privacy. In a family law court, judges make decisions for the parties, but mediation allows the parties to retain control over the outcome.
What Happens When Mediation Isn’t Working?
Mediation is a great option for some couples, but it’s not always the best option for you. If you are experiencing a high-conflict divorce, if only one spouse is willing to compromise, or if there are concerns about hiding assets or dishonesty, then mediation may be out of the question. In addition, any divorce process that includes allegations of abuse probably should not be recommended for mediation. Both parties must have mutual respect for each other for this process to work.
Even if you try mediations and later find that it isn’t working, future settlements can be drawn from agreements made during mediation. Sometimes, a partial agreement is reached, resolving issues like custody or property division, while unresolved issues may still need to be litigated in the courtroom. When the parties agree on terms, those agreements can form the basis for enforceable legal documents. The goal is always a successful mediation, allowing both parties to move forward and become legally divorced.
Contact a Colmar Family Law Attorney for a Consultation About Divorce Mediation in Pennsylvania Today
If you are thinking about filing for divorce, or if you have already started the divorce process and are dealing with another matter such as alimony payments, child custody, child support, or division of assets, you need to speak with a qualified attorney. The family law attorneys at Rubin, Glickman, Steinberg & Gifford represent clients throughout Southeastern Pennsylvania, including Lansdale, Hatfield, Blue Bell, North Wales, Souderton, Telford, Newtown, and Quakertown. We understand how challenging this time can be for you, which is why we will fight hard to protect your interests and the interests of your loved ones throughout the legal process.
Contact us at (215) 822-7575 or fill out our confidential contact form to schedule a consultation. We have an office conveniently located at 2605 N. Broad St., Colmar, as well as an office located at 12 Penns Trail, Suite 145, Newtown, PA.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
Established in 1952 by Irwin S. Rubin, Rubin, Glickman, Steinberg & Gifford P.C. boasts over 65 years of experience serving clients throughout Pennsylvania. Renowned for its commitment to ethical representation, the firm has garnered prestigious accolades, including being named the “Best Law Firm” for its outstanding legal defense work by U.S. News & World Report. Their team of seasoned attorneys, recognized as Pennsylvania Super Lawyers and Rising Stars, brings unparalleled expertise to a wide range of legal matters, ensuring exceptional representation for individuals, families, businesses, and organizations.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
September 16, 2025
