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The mediator does not pass on information to the other side unless specifically authorised to do so. The mediator may then be able to find ways for the other party to cater for the fears or concerns of the first party which might otherwise not be addressed at all.

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Each party can say what they feel, but in a controlled environment. The parties may feel that they have had their “day in court”, that they have been listened to and understood, by the other side and by the mediator. It gets the relevant people – the parties themselves and their solicitors – in the same place at the same time and focusing on the same problem, not just on procedure. In litigation this does not usually happen until the door of the court just before the trial.

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In cases involving children, these laws can attempt to ensure the matter does not spill over into the family court system. In many jurisdictions, they require divorcing parents to submit a parenting plan spelling out each party’s rights and responsibilities. They should also be comfortable in a courtroom setting, especially if there is the possibility the divorce will go to trial. Even if there are no plans to go to court, the attorney’s experience and success record will demonstrate the ability to adequately negotiate a settlement. A divorce attorney will help you navigate through the legal system and assist you with any problems or questions along the way. Their goal is to help you win your case.