Mediation

Facilitative mediation is well suited for couples who want to resolve their divorce together, respectfully and privately, without attorneys in the room. It works best for spouses who:

• can speak openly and honestly

• feel comfortable negotiating directly with each other 

• prefer a calm, neutral setting instead of court

• want to minimize cost, conflict, and stress

• value privacy and confidentiality 

• wish to craft their own solutions rather than have a judge decide

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If both parties can engage in good faith dialogue, facilitative mediation provides a safe, structured space to reach a mutually acceptable agreement.

Facilitative mediation is a structured conversation guided by a neutral mediator trained to support fairness and clarity. The mediator helps the spouses talk through issues, understand each other's concerns, and identify solutions but does not decide the outcome.

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​Parties mediate without attorneys present, though each party may choose to consult a lawyer privately between sessions. 

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The process generally includes:​

1. Orientation and ground rules. You meet with the mediator to understand the process, confirm that mediation is appropriate, and set expectations about communication, confidentiality, and respectful conduct.​

2. Each person's perspective. Both parties have time to share what matters to them, without interruption. The mediator helps clarify values, needs, and goals. ​

3. Issue identification and information gathering. The mediator helps the parties identify the topics that need resolution, such as:

   • Property division​

   • Debts and financial responsibilities

   • Parenting schedules

   • Decision-making for children

   • Child support

   • Spousal support

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Parties exchange financial information directly, ensuring both have what they need to make informed decisions. ​​​Guided negotiation and problem-solving. Using facilitative techniques, the mediator helps the parties:

• Understand each other's interests

• Explore options

• Reality-test proposals

• Evaluate fairness and practicality 

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The mediator does not give legal advice, but may provide general legal information to help the spouses understand the framework they're working within.​

 

When agreements are reached, the mediator prepares a memorandum of understanding or settlement agreement capturing all terms. Each party is encouraged to review the document independently and with their lawyer.​

This model is helpful when:

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• Both parties want to avoid court and minimize conflict

• Each person can express themselves without fear or intimidation

• There are no significant power imbalances or safety concerns

• The parties are willing to be transparent about finances

• Each party can engage in problem-solving without needing an advocate in the room

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If either party needs more direct legal guidance or advocacy, the mediator may recommend involving consulting attorneys or considering a different process.

Facilitative mediation sessions occur:​​

• virtually via secure video conference

• in the mediator's private office

• in a neutral, confidential environment designed for healthy communication

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All discussions remain confidential, and nothing said in mediation becomes part of the public record unless both parties choose to include it in their final agreement.

Mediation is often chosen because it offers:​

• Control and autonomy. You and the other party keep full control over all decisions.

• Privacy. Your conversations and agreements remain private and confidential. 

• Lower cost. Mediation without attorneys present is typically the most cost effective route

• Efficiency. The process moves at your pace, without court delays and deadlines.

• Respect and dignity. Sessions are designed to preserve communication, balance, and mutual respect.

• Strengthened co-parenting relationships. ​​​For parents, the cooperative tone often sets a healthier foundation for the future. 

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Mediation honors your ability to craft solutions that make sense for your family, without outside imposition.

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Shih Legal offers facilitative mediation for couples who want a calm, structured environment and prefer to work without attorneys present. Our mediation process is guided, balanced, and centered on clarity and fairness. 

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We help parties:

• Understand the issues they need to resolve

• Communicate openly and respectfully 

• Explore options thoughtfully

• Reach agreements that feel fair and sustainable 

• Prepare documents for final review