If you’re filing for divorce in Pennsylvania and want to avoid litigation, continue reading to discover which issues can be resolved through mediation. Reach out to an experienced Montgomery County divorce lawyer for more information and legal advice today.
What is Mediation?
Mediation is a process where a neutral third party, the mediator, facilitates negotiations between divorcing or separating spouses. Unlike litigation, the mediator does not make decisions or issue rulings. Instead, they help couples communicate more effectively, identify their core interests, and explore various options for resolving disputes.
The goal of divorce mediation is to empower both parties to reach mutually acceptable agreements on all divorce-related issues outside of court. This approach often leads to faster, less expensive, and less emotionally draining resolutions, giving couples more control over the outcome than a judge’s ruling would. The mediator manages the process, ensuring a balanced discussion and helping to draft the final settlement agreement.
What Issues Can Be Resolved Through Mediation in a PA Divorce?
Fortunately for couples looking to save time and money, almost every aspect of a divorce can be resolved through mediation. Consider the following.
- Child-related issues: Mediation is effective for determining issues related to children, allowing parents to create detailed, cooperative arrangements. This includes both legal and physical child custody, creating a parenting plan/schedule that outlines when each parent will have the children, and calculating child support, often factoring in healthcare, education, and other expenses beyond the basic calculation guidelines.
- Property issues: Mediation addresses the division of marital assets and liabilities. This includes equitable distribution of marital property, such as real estate, retirement accounts, bank accounts, investments, and personal property. It also covers the division of marital debt.
- Spousal support issues: For couples with income disparities or when one spouse supported the other through their education or career, mediation is a great way to negotiate alimony, spousal support, or alimony pendente lite.
- Other important decisions: Mediators can help formalize the terms of the divorce itself, including resolving procedural issues and preparing the final Marital Settlement Agreement (MSA), which is the legally binding document presented to the court. This ensures that all necessary decisions are made collaboratively and efficiently before entering the final court process.
Is There Anything Couples Cannot Decide in Mediation?
Generally, there are very few limits on what issues can be discussed and resolved in Pennsylvania divorce mediation. However, a mediator cannot allow couples to create agreements that violate public policy or law.
The most common limitations revolve around judicial approval. Any agreement regarding legal or physical custody must be in the child’s best interest. A judge will review the parenting plan to ensure this standard is met.
Child support is another tricky subject. While parents can agree on amounts, child support calculations must adhere to statutory guidelines unless there is a compelling reason for deviation, which must be fully explained and approved by the court.
Ultimately, while the parties make decisions in mediation, the final Marital Settlement Agreement is still subject to court review, and a judge can reject an agreement if it violates the law, public policy, or is unconscionable.
