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The Types of Divorce Mediation Available in Pennsylvania

Divorce mediation is a cost-effective method for couples to resolve their disputes as opposed to litigated divorce. As divorce mediation is a form of alternative dispute resolution, there is no one size fits all approach. Accordingly, several types of divorce mediation can help couples reach a mutually agreeable divorce settlement in Pennsylvania.

The Philadelphia divorce mediators at Peaceful Separation and Divorce have a combined 45 years of experience helping divorcing spouses reach satisfying agreements. Contact us today for a free consultation.

This article covers the three main types of divorce mediation, some other types outside of those, and how to choose the right mediation to ensure successful mediation sessions.

3 Main Types of Divorce Mediation

Divorce mediation is designed to allow a couple to reach a mutually agreeable solution in a non-confrontational setting instead of proceeding with a litigated divorce. The main benefit of the divorce mediation process is that it can be tailored to address a divorcing couple’s specific needs and circumstances. The flexibility of divorce mediation has resulted in the development of multiple divorce mediation formats which can address issues such as child custody, child support, spousal support, financial issues, and other unresolved issues between two spouses.

Facilitative Mediation

Facilitative mediation is the traditional approach to divorce meditation, which emphasizes open communication and dialogue between parties. A facilitative mediator helps spouses communicate with one another and find common ground during divorce mediation. During facilitative mediation, most mediators do not make decisions or offer opinions to the divorcing couple but instead assist the parties in reaching their settlement agreement.

Transformative Mediation

Transformative mediation focuses on empowering the parties to communicate with one another and make their own decisions. In this divorce mediation setting, a transformative mediator acts as a facilitator and helps the parties identify each other’s needs and interests. The goal of transformative mediation is to guide spouses toward mutually agreeable solutions by viewing the situation from each other’s point of view.

Evaluative Mediation

Evaluative mediation involves a mediator who provides an evaluation or assessment of the case. During a mediation session in evaluative mediation, the neutral mediator provides insight, information regarding relevant law, and opinions regarding potential outcomes in court. This evaluative mediation format is designed to guide spouses, give each spouse a reality check regarding their expectations, and help them avoid costly litigation. This is the most common form of mediation practiced at Schwartz, Fox and Saltzman, LLC.

Other Types of Divorce Mediation

Divorce mediation developed from the traditional in-person negotiation model. Due to its flexibility and minimal requirement of resources, divorce mediation has been adapted for a variety of other settings. The experienced mediators at Peaceful Separation and Divorce provide divorce mediation services for divorcing couples in each setting.

E-Mediation

E-mediation is a type of divorce mediation which takes place online. This format became more popular following the COVID-19 pandemic. Additionally, it is useful for spouses who live far apart or who have busy schedules which make in-person mediation difficult.

Court-Mandated Mediation

Reaching a settlement agreement via the divorce mediation process means divorce mediation is inherently voluntary, which means no one can force a couple to negotiate. However, under 1940.3(a) of the Pennsylvania Rules of Civil Procedure, a court can order a couple to attend an orientation session for divorce mediation. The goal is to encourage couples to consider divorce mediation, including child custody mediation, instead of formal litigation used in the divorce process. Not all counties in Pennsylvania use this type of mediation format.

A Brief Breakdown of the Divorce Mediation Process

The divorce mediation process begins with selecting a mediator and completing their intake process so they have a clear understanding of your background, your spouse, your marriage, and the issues in your case. Following this, consider the issues you intend to mediate, create and complete a divorce mediation checklist, and collect important documents. Finally, you should mentally prepare yourself for your meditation session by developing a non-confrontation goal-oriented approach.

Divorce Mediation vs. Collaborative Divorce

A collaborative divorce and mediation are both alternative methods to traditional litigation-based divorce. Unlike mediation, which is an informal process in which the spouses are guided towards solutions by a neutral third-party, the collaborative divorce process features both spouses being represented by lawyers who work together to cordially negotiate a divorce settlement agreement which addresses all issues, such as child custody and property division. While mediation is less expensive, proceeding with a collaborative divorce may be advisable if you do not want to engage in formal litigation but still wish to be represented by an attorney.

Finding a Pennsylvania Divorce Mediator

Pennsylvania has many qualified divorce mediators who specialize in many aspects of family law. If you are contemplating divorce, you should focus on finding the right divorce mediation attorney who can address the unique circumstances of your case. To learn about our services, contact the knowledgeable divorce mediators at Peaceful Separation and Divorce for a free consultation.

Summary of the Types of Mediation

Pennsylvania offers several types of divorce mediation, including facilitative, transformative, and evaluative. Other types of mediation include e-mediation and court-mandated mediation. Choosing the right type of mediation can make a significant difference in the outcome of your divorce. For expert guidance from a trusted divorce mediation lawyer, contact Peaceful Separation & Divorce to explore mediation options tailored to your unique circumstances.