Do I still need my own lawyer if we mediate?

Strongly recommended. The mediator is impartial and cannot give either party legal advice. Each spouse should consult their own family-law attorney during mediation and have the attorney review any proposed agreement before signing. The cost ($500-2,000 per spouse for limited representation) is small relative to assets affected.

How long does mediation take?

Typical: 3-8 sessions over 2-6 months. Simple cases (no children, modest assets, clear agreement on basics): 2-4 sessions. Complex cases (significant assets, business interests, custody disputes): 6-12+ sessions. Some couples mediate in concentrated multi-day sessions; others spread over months.

What if we can't agree on something?

The mediator helps the parties find creative solutions and explore options. If full agreement isn't possible on every issue, the parties can: (1) agree on most issues and litigate the few remaining; (2) end mediation and proceed to litigation; (3) try collaborative law (involving attorneys throughout); (4) try arbitration on specific issues. The parties always retain the option to walk away.

Is mediation confidential?

Yes - state mediation privilege laws (Oregon ORS 36.220-36.238, California Evidence Code §1115-1129, etc.) make mediation communications generally inadmissible in court. The mediator cannot be subpoenaed to testify about mediation communications. Exceptions: child-abuse mandated reporting; threats of harm; statements in furtherance of crime; documents prepared exclusively for mediation. The final signed agreement is admissible (and indeed becomes part of the court divorce judgment).

When is mediation NOT appropriate?

Mediation is generally not appropriate when: (1) domestic violence or significant power imbalance exists; (2) one party is hiding assets or unwilling to disclose financials; (3) one party has untreated mental illness or substance abuse affecting capacity; (4) emotional volatility prevents productive discussion; (5) court action is urgent (protective order, asset freeze). For these cases, contested litigation with each spouse separately represented may be more appropriate. The mediator should screen for these issues at the first session.

Divorce Mediation Agreement

Agreement to engage in divorce mediation - terms of mediator engagement, confidentiality, scope.

Customise

Spouse A — name

Spouse B — name

Mediator — name

Mediator credentials

Mediator address

First mediation session date

Governing state

Scope of mediation

Fee structure

Confidentiality

Voluntariness statement

Attorney consultation

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DIVORCE MEDIATION AGREEMENT

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PARTIES

Spouse A: Jordan Alex Taylor
Spouse B: Aleksandra Petrova Taylor
Mediator: Patricia Reyes, JD - Reyes Family Mediation
JD; Certified Family Mediator (Oregon Mediation Association); 22 years family-law experience
880 SW 5th Ave, Suite 1500, Portland, OR 97204

First session: June 8, 2026
Governing state: Oregon

ARTICLE I - SCOPE OF MEDIATION

The mediator will assist the parties in negotiating the following:
- Division of marital property (assets, debts, retirement accounts).
- Child custody and parenting time for the parties' minor child(ren).
- Child support amount and method.
- Spousal support (if any).
- Tax and insurance arrangements during and after divorce.
- Any other issues the parties identify.
The mediator will NOT provide legal advice to either party and will not represent either party in any court proceeding.

ARTICLE II - FEE STRUCTURE

Mediator fee: $350 per hour, billed in 15-minute increments.
Payment: split equally (50/50) between the parties unless otherwise agreed.
Retainer: $2,500 from each party held in trust, replenished as billed.
Unused retainer refunded at end of engagement.
Cancellation: 24+ hours notice; sessions cancelled with less than 24 hours notice are billed at full session length.
Document preparation: $250/hour for drafting Marital Settlement Agreement and related documents.

ARTICLE III - CONFIDENTIALITY

Mediation communications are CONFIDENTIAL under state law (e.g., Oregon Mediation Confidentiality Act ORS 36.220-36.238). Specifically:
- Statements made in mediation cannot be used as evidence in court.
- The mediator cannot be subpoenaed to testify about mediation communications.
- Documents prepared exclusively for mediation are confidential.
- Exceptions: mandated reporting (child abuse, threats of harm); statements made in furtherance of crime; written agreements signed by the parties (the final settlement is admissible).

ARTICLE IV - VOLUNTARINESS

Mediation is voluntary. Either party may terminate mediation at any time, with or without reason. The mediator is impartial and does not represent either party. Each party retains the right to:
- Consult with their own attorney during the mediation process.
- Have an attorney review any agreement before signing.
- Decline to settle and pursue litigation if mediation does not produce agreement.
- Withdraw from mediation and proceed to court at any time.

ARTICLE V - ATTORNEY CONSULTATION

The parties strongly encourage and recommend that each spouse:
- Have their own family-law attorney consulted during the mediation process.
- Have any proposed agreement reviewed by their attorney before signing.
- Bring legal questions to their own attorney rather than the mediator.
Failure to consult counsel is at each party's own risk; the mediator cannot fill the role of either party's attorney.

ARTICLE VI - GOOD FAITH PARTICIPATION

Each party agrees to:
(1) Provide complete and accurate financial disclosure.
(2) Communicate respectfully with the other party.
(3) Maintain reasonable composure during sessions.
(4) Not record sessions without unanimous consent.
(5) Not use mediation communications as offensive tactical material outside mediation.

EXECUTION

The parties acknowledge they have read this Agreement, understand its terms, and execute it voluntarily.

_______________________________ Date: ____________________
Jordan Alex Taylor (Spouse A)

_______________________________ Date: ____________________
Aleksandra Petrova Taylor (Spouse B)

_______________________________ Date: ____________________
Patricia Reyes, JD - Reyes Family Mediation (Mediator)

About this template

Divorce mediation is a non-adversarial process by which a neutral mediator helps the divorcing spouses negotiate the terms of their divorce - typically property division, custody, child support, and spousal support. Mediation typically costs significantly less than contested litigation ($3-15K total mediation cost vs $25-200K+ for contested divorce), preserves relationships better, and produces agreements that the parties are more likely to honour because they shaped them. The mediator is NOT either party's attorney; the mediator is impartial and cannot give legal advice to either party. Each party should retain their own family-law attorney for legal advice during the mediation process and to review any proposed settlement before signing. State law on mediation varies; many states require mediation in family-law cases before contested motions can be heard. The mediator is governed by state mediation confidentiality laws (Oregon ORS 36.220-36.238, California Evidence Code §1115-1129, etc.) - mediation communications generally cannot be used as evidence in court, with limited exceptions. Mediation works best when: (1) both parties are committed to the process; (2) there's rough financial parity (or willingness to disclose financial information); (3) the parties can communicate respectfully; (4) there's no domestic violence or significant power imbalance. Mediation is typically NOT appropriate when: (1) domestic violence or significant power imbalance exists; (2) one party is hiding assets; (3) emotional volatility prevents productive discussion; (4) one party isn't committed to the process. Mediation typically results in a Marital Settlement Agreement (MSA) that both parties sign and that is then incorporated into the court's divorce judgment. The MSA is enforceable as a contract and as a court order; modifications follow normal post-divorce modification procedures.

When to use it

Engaging a divorce mediator before or during contested-divorce proceedings.
Court-ordered mediation as required pre-motion in some states.
Voluntary mediation to avoid contested litigation.
Post-divorce mediation for modifications (custody, support).
Collaborative-law adjacent process.

What to include

Both spouses and mediator identification.
First-session date and governing state.
Scope of mediation (what issues will be mediated).
Fee structure and payment.
Confidentiality provisions citing state mediation-privilege law.
Voluntariness statement.
Attorney-consultation recommendation.
Good-faith participation commitments.

Frequently asked

Mediation typical: $3-15K total ($350/hour × 10-40 hours typical engagement). Contested divorce: $25-200K+ depending on complexity (each spouse pays $5-10K to start, with major motions adding $5-25K each). Mediation savings often $20K+ per spouse vs contested litigation, before counting time, emotional, and relationship costs.

⚠ Legal disclaimer. Divorce mediation is voluntary and the mediator is impartial. The mediator cannot give legal advice to either party. Each spouse should retain their own family-law attorney during the mediation process. State mediation confidentiality laws (Oregon ORS 36.220-36.238, California Evidence Code §1115-1129, others) protect mediation communications with specific exceptions. Mediation is generally not appropriate for cases with domestic violence, hidden assets, or significant power imbalance. The final Marital Settlement Agreement is the legally binding document; this template is the engagement letter for the mediation process itself.