The goal of divorce mediation is for a couple to reach a settlement on one or more issues related to their divorce. To that end, a neutral third party known as a mediator helps each side understand the relative strengths and weaknesses in their position and tries to move them closer to a consensus. While neither party may get exactly what they want, they try to come to an agreement with which they can both live. Often, mediation allows for a better outcome than litigation, and it can be easier on a couple’s children.
If an agreement is reached at mediation, it may be formalized in a separation agreement. Courts treat this agreement the way they would treat other contracts. Although a neutral third party may help the parties reach a different outcome than what a judge would have decided, the court will treat the agreement seriously, except in certain circumstances.
In Ruparelia v. Ruperalia, a husband and wife were married in 1994 and had three children. The husband was a doctor, and the wife had a Master’s degree in social work. In 2011, the couple experienced significant discord, causing them to participate in divorce mediation. During the mediation, they reached an agreement as to asset distribution, spousal maintenance, and child support. These agreements were formalized in a separation agreement, executed in the summer of 2011.