Many clients who are first getting divorced have no idea what mediation is and why they are doing it. If you’re reading this and you’re asking those same questions, you’re not alone. Many people hear about mediation but aren’t sure what it really is or what to expect.
As a divorce mediator since 2007 (and a former practicing attorney), I’ve seen hundreds of couples go through the process—some who can barely sit in the same room together and others who come in ready to work things out. Along with my mediation partner, Brian James, we’ve guided countless families through divorce in a way that is respectful, efficient, and—most importantly—productive.
Let’s clear up some of the biggest truths and myths about divorce mediation.
Truth #1: Mediation Saves You Money
This is one of the biggest reasons people choose mediation. When each spouse hires their own attorney, the cost can quickly skyrocket—tens of thousands of dollars in some cases. Mediation, on the other hand, is a fraction of that.
At CEL & Associates, Brian and I provide an upfront outline of the topics you’ll need to discuss—everything from parenting schedules and holidays to finances and property division. As couples start checking things off that list, they realize how many of the issues they can resolve without conflict and without unnecessary legal fees.
We even give couples “homework.” Between sessions, we encourage them to talk through whatever issues seem easier for them to resolve on their own and save the tougher ones for us to help mediate. The more you can do together, the less time (and money) you’ll spend in our office—and the more confident you’ll feel about co-parenting after divorce.
Truth #2: Mediation Fosters Better Communication
Mediation is a training ground for co-parenting. Many people believe that once the divorce is final, they’ll never have to talk to their ex again. But if you have children, you’ll be communicating for years and, most likely, for the rest of your children’s lives.
During mediation, you learn how to talk to each other productively, even when emotions are high. You begin to understand what matters most to you and what matters most to your ex, and how to find balance. You might say, “I really care about keeping the house,” while your ex might say, “I just want Christmas Eve with the kids.” Through guided discussions, you learn to compromise and collaborate, skills that will serve you well long after the papers are signed.
And if issues come up later (for example, changing schools or relocating), you can always come back for post-divorce mediation to resolve them without going back to court.
Truth #3: You Still Need an Attorney
Even in the most amicable divorce, an attorney is still required to draft and finalize the legal documents. Your mediator facilitates agreements—but a lawyer prepares the official paperwork, including the Petition for Dissolution, the Parenting Allocation Judgment, and the Marital Settlement Agreement.
Once the documents are drafted, a judge reviews and signs off to make everything official. In mediation, this process is much smoother and more cost-effective because most of the decisions have already been made.
At CEL & Associates, we refer clients to attorneys who understand and respect the mediation process—lawyers who won’t make things adversarial and create unnecessary conflict, but instead finalize your settlement efficiently and fairly.
Myth #1: Mediation Only Works for Amicable Couples
False! In fact, some of our most successful mediations come from couples who can barely look at each other at the start. These are often people sent by their attorneys or ordered by a judge to mediate.
What happens is remarkable, once they’re in the room together and guided through structured discussions, they start realizing that they can make agreements. Their expectations are low, but they leave feeling surprised, relieved, and even empowered.
High-conflict couples often carry a lot of pain and emotion, which can actually mean they still care deeply about one another or the reason for the divorce. Mediation provides a safe space to work through that emotion while making real progress.
Myth #2: Mediators Tell You What to Do
No, we don’t. Mediators are neutral facilitators—we don’t take sides or decide what’s “fair.” Our role is to guide discussions, clarify misunderstandings, and help you both reach decisions together.
Sometimes people ask, “Well, what do you think we should do?” While I can share what typically happens in court or what other couples have chosen, I can’t give legal advice. That’s what your attorney can do, give you specific advice tailored to your situation.
We can, however, help you hear each other better. Often one spouse offers exactly what the other is asking for, but they can’t recognize it because emotions are running high. We help reframe those moments so you can actually hear what your spouse is saying and progress can happen.
Myth #3: You’ll Get to Tell Your Story If You Go to Court
This is another misperception. In reality, a judge doesn’t have time to hear the full story of your marriage. You might get a few minutes, if that, and you’ll walk away feeling dismissed and frustrated.
In mediation, however, you’ll actually be heard. You’ll have time to express your concerns, your fears, and what matters most to you. And if you need additional emotional support, a divorce coach can be a wonderful complement to mediation. Coaches help you process feelings, clarify goals, and enter mediation sessions with a calm, clear mindset.
Myth #4: If You Mediate, You’ll Never See a Courtroom
Almost true—but not quite. You still have to appear before a judge for what’s called a prove-up hearing. This is when the judge reviews your documents, may ask some questions and confirms that both parties agree to the settlement, and finalizes the divorce.
The good news? It’s typically a quick five- to ten-minute process—often done over Zoom.
Final Thoughts
Divorce mediation isn’t easy, but it’s empowering. It allows you to stay in control of your decisions, protect your children from conflict, and save time, stress, and money.
At CEL & Associates, we believe that even in the hardest circumstances, couples can work through divorce with dignity and respect.