What is mediation in a divorce?

Mediation in a divorce is a form of alternative dispute resolution (ADR) in Hawaii that provides a private, confidential way for couples to come to an agreement about matters related to their divorce. Mediation is a voluntary process in which both parties are given the opportunity to express their perspectives and reach a mutually acceptable resolution. This process is facilitated by a neutral third party, known as a mediator, who is trained in dispute resolution techniques and has no legal authority. The mediator will guide both parties through the decision-making process while helping each party understand the other’s perspectives, interests, and concerns. The mediator’s role is to facilitate the discussion and help create a resolution. This is done by exploring each party’s legal rights and interests, identifying issues that need to be addressed, and helping the couple negotiate an agreement that is satisfactory to both parties. Mediation is not a legal process; it is an opportunity for parties to come to an agreement without going to court. During the process, the mediator may provide legal information and make suggestions, but it will be up to the couple to make the final decision and reach the agreement. In Hawaii, mediation services may be available through the court system or through private family law practitioners. The mediation process can resolve conflicts in a divorce, addressing issues such as alimony, division of marital assets, and child custody and support. The parties are free to withdraw at any time and proceed with litigation without prejudice. With mediation, couples have the opportunity to reach a fair and equitable resolution, and remain in control of the process.

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What is mediation in a divorce?

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