Divorce mediation is the form of conflict resolution in which a neutral third party helps both partners reach their own arrangements about the children, the assets, the home and maintenance. The outcome is recorded in a covenant and a parenting plan.
Legal basis
Mediation has no statutory regime of its own; it rests on a mediation agreement between the parties and the mediator, with confidentiality and voluntariness as its foundations. The outcome acquires legal force because the covenant and the parenting plan are filed with the joint petition and attached by the court to its order, which makes them enforceable. Article 815(2) of the Code of Civil Procedure requires a parenting plan where there are minor children, which in practice encourages mediation. A lawyer is still needed to file with the court; some mediators are lawyers themselves and can fill that role, provided both parties agree and independence is preserved.
How it works in practice
A process typically takes three to five sessions. The usual order is: an inventory of assets and income, arrangements for the children, then the home and the division, and finally maintenance. Financial transparency is the precondition; without full information a covenant can be challenged later. Where there is a marked imbalance of power, or assets are being concealed, mediation is not the right route.
Where it goes wrong
Parties sign a covenant without having the consequences calculated, particularly on taking over the home and on pension. A second error is the absence of an indexation and review clause for maintenance. Third, it is forgotten that a concealed asset falls entirely to the other party under Article 3:194(2) of the Civil Code.
Related terms
Mediation leads to the divorce covenant and the parenting plan, and results in a joint divorce petition.
Would you like to reach agreement together? Our family lawyers guide the process and review the result.
