We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Situations Call for Family Law Mediation?

By Lori Smith
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Divorce is typically an emotional process for the parties involved, and it may be difficult for a husband and wife to make a joint decision on key issues. Sharing of assets, dividing debts, and child custody and financial support are topics frequently addressed during family law mediation. A judge may make decisions for a couple about anything that they are not willing or able to resolve on their own. For this reason, it is wise for them to make a concerted effort, negotiate fairly and come to a resolution prior to a final divorce or child custody hearing.

Family law mediation is an informal legal meeting whereby a couple is often able to come to an equitable and reasonable agreement — within the confines of the law — with the assistance of attorneys and an intermediary. If necessary, a judge can make all of the decisions for a couple, including which person will live in the family home or retain ownership of a vehicle. He may decide that parents should have joint custody of a child, or one person will pay child support or alimony to the other.

A judge does not usually have intimate knowledge of the parties who are dissolving their marriage, however. He may only know what is said during court proceedings. Absent an agreement between both parties, his decision is not always in everyone's best interest.

For example, he may rule that the husband will keep the family car and make monthly loan payments for it, but in reality, the husband does not want the car. During mediation, however, he might have been able to offer it to his wife in exchange for something he desired more, such as artwork or collectible items. Instead, a judge awards those things to the wife, who might have preferred to keep the car and forfeit the other assets. In this type of scenario, family law mediation may have concluded with both parties receiving the portion of the marital property they actually wanted.

Just about anything is negotiable in family law mediation, from child support payments to which person will retain ownership of items the couple jointly purchased during the course of the marriage. The mediator and the attorneys usually offer advice and help ensure that the division of property is reasonable. Once all of the matters are addressed, the attorneys draw up an agreement for both parties to sign. The executed settlement is then sent to a judge with a motion and request for final hearing.

The judge gives the ultimate approval for the settlement agreement reached during family law mediation. At the final hearing, he may question the parties to make sure they understand and willfully agree to the issues contained within the documents. If the judge feels that something is unfair, he may make appropriate changes. For example, a couple may agree that a child will reside with his mother, but the father's child support payments are lower or higher than the statutory guidelines for that area. A judge may adjust the support amount when he feels it is unacceptable or if the reason for the proposed deviation is not satisfactory under the laws of the jurisdiction.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.