The mediation process begins either with a court order or by an agreement of the parties. You can even agree to mediate or work out a satisfactory marital settlement agreement before any court action.  In our judicial circuit, the parties must attempt mediation to settle issues before a hearing can be set. The mediator, as a neutral and objective participant, plays an active role in the mediation process by assisting the parties and their attorneys in reaching a settlement.  The mediator’s purpose is to help address the issues, develop bargaining proposals, and conduct negotiations with the goal of a settlement that meets the family’s needs. The mediator clarifies and organizes details, prompts discussion and cooperative communication, and manages conflict.  You do not have to reach an agreement on all issues, but may settle some issues and leave others for the court to decide.  The mediator DOES NOT make decisions for the parties, but helps with their own decision-making process.   If an agreement is reached, a memorandum of agreement will be reviewed and approved by the parties and their attorneys.  Most often, a complete Martial Settlement Agreement can be prepared on the spot.