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However, even in some jurisdictions whose laws do not require a party to claim fault of their partner, a court may still take into account the behavior of the parties when dividing property, debts, evaluating custody, and support. Fault-based divorces can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party. The mediator will then spend a little time with each party separately to see how they stand and to consider with each party how best to proceed. There may then be a joint meeting if the mediator considers it appropriate and if the parties agree.

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When the parties can agree and present the court with a fair and equitable agreement, approval of the divorce is almost guaranteed. If the parties can’t work out their differences, the laws govern the fair and equitable disposition of these issues. 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. This is the most formal part of the process. The mediator invites all present to introduce themselves and then sets out the ground rules.

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In most contested divorces involving property the judge or court of law is going to divide the assets among the two individuals based on the arguments seen. Divorce Law is one of the increasing industries regarding employment.

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The mediation process encourages communication, identifies issues, explores options and assists mutual problem solving. This promotes positive relationships and increases participation between parties.