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What Happens During Divorce Mediation?

Mediation sessions are informal but structured discussions guided by the mediator. Both parties are given the opportunity to speak without interruption, describing their view of the marriage and the issues arising out of its dissolution. It is not uncommon for a mediator to "caucus" or to meet with each party separately during a session and then meet with the other, if the mediator deems it helpful to the mediation. The mediator guides the discussions to help clarify the issues and move toward an agreement, called a Marital Settlement Agreement (often referenced as an MSA). It is important to know that the mediator does not give legal advice, though they will give information. For example, the mediator might explain the difference between child support and spousal support, this is not legal advice but it is information child and spousal support. It is advisable to find a consulting attorney to work with should you have questions about your legal rights and to have someone review your final agreement before you sign it.

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