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Understanding Divorce Mediation and Custody Mediation

What is Divorce and Custody Mediation?

Mediation is a process that helps all parties communicate effectively as they clarify information, better understand each other’s perspectives, develop possible alternatives, explore consequences, and make decisions. The mediator will not make decisions about what’s right or wrong or determine how to resolve the conflict. If both parties choose to do so, the mediator can prepare a Memorandum of Understanding containing decisions reached in mediation.

Once a couple has decided to divorce, mediation turns the focus to the present and to tomorrow. Parents can still enjoy being in the same room and can share their kids’ birthdays, graduations and weddings.

Mediation is a confidential process, so the mediator will not reveal anything discussed in mediation without permission from all parties. While all of our mediators are either licensed attorneys or mental health professionals, they cannot provide legal representation or legal advice, counseling or therapy.

Divorce Done Right Divorce and Custody Mediation

Divorce Done Right utilizes one of two mediation models to mediate a divorce, or in some cases, a combination of the two. Research has not shown one model to be more effective than the other. The models are known as “transformative” or “facilitative” mediation.

Transformative Mediation

Transformative mediation is about helping people in conflict change the way they interact with each other – from negative and destructive to more positive and constructive. Mediation participants have an opportunity to gain new information, get clear information and consider options as they make difficult and complicated decisions.

Each participant has an opportunity to have their own voice, express their own needs, and the needs of their children. With meaningful dialogue, one can begin to understand the needs, desires and wishes of the other. Increased understanding of the other supports decision-making that can address the needs of both participants.

Facilitative Mediation

Facilitative mediation is a structured process in which the mediator guides participants through the process with the goal of reaching a mutually agreeable resolution.

When the mediator deems it necessary, he or she will ask questions, validate or give perspective on different points of view and search for common interests underlying the positions taken by the participants. The mediator is in charge of the process while the parties are in charge of the outcome.

Clymer Bardsley served as our mediator during the divorce process. He was extraordinarily professional yet personable, making a difficult process easier. He kept us organized and on-track, and I felt like no detail was left undiscussed.

When stuck on a point, he offered options until we were able to reach decisions amicably.

Client, Family Law Mediation
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Review Date
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Clymer Bardsley served as our mediator during the divorce process. He was extraordinarily professional yet personable, making a difficult process easier. He kept us organized and on-track, and I felt like no detail was left undiscussed. When stuck on a point, he offered options until we were able to reach decisions amicably.
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