Traditionally, cases are mediated with the attorneys present. A significant number of couples ask that the mediator help them resolve their issues before the divorce petition is filed. In those cases, the mediator will guide the couple through the process, assist them in preparing a mediated settlement agreement, and will recommend that the couple have their agreement reviewed by an attorney before entering the agreement.
Statistics show that divorce cases that are decided by the court ultimately have petitions filed by one of the parties for modification of the divorce decree in 80 percent of the cases. That statistic indicates that the parties are less than happy with the terms of the divorce decree that are decided for them by the court. One of the advantages of a successful mediation is that the terms of the divorce are decided by the divorcing couple. It is their agreement, and as a result, a much smaller number of mediated cases result in a party filing a motion to modify the divorce decree. That is to be expected, since the couple knows more than anyone the terms of the divorce that will best work for them.