A mediator is a neutral third party who facilitates discussion between two spouses or parents to help them try to reach their own agreement, but a mediator cannot decide the outcome for them. Unlike a judge, a mediator has no authority to impose custody terms, order support payments, or otherwise force a resolution. If the parties cannot agree, mediation typically ends without a binding result, and the underlying dispute may still need to go before a judge.
What a mediator can do
A mediator generally structures the conversation, helps identify each side's underlying interests rather than just their stated positions, and assists in drafting a written agreement if the parties reach one. A skilled mediator can also help de-escalate conflict, keep the discussion focused on practical solutions, and make sure both people understand what a proposed agreement would actually mean.
What a mediator cannot do
A mediator generally cannot
- order either party to accept specific custody or support terms
- issue an enforceable ruling the way a judge can
- act as either party's attorney or provide legal advice to either side
- guarantee confidentiality in every circumstance, since some disclosures, such as suspected child abuse, may still need to be reported
What happens to a mediated agreement
If the parties reach an agreement through mediation, that agreement typically still needs to be submitted to a court and incorporated into a formal order before it becomes legally enforceable. A judge generally reviews the agreement, particularly any terms involving children, before approving it as an order of the court.
Why this matters for a case
Whether mediation is required, voluntary, or advisable in a particular case, and how a mediated agreement will be formalized, are questions a licensed family law attorney can address for a specific situation.