by Shawn Weber, JD, CLS-F* | May 13, 2026 | Family & Divorce Mediation
[This article was originally posted in 2016. It has been revised and republished on 5/13/2026.]
Choosing a mediator matters. The person you hire will sit in the middle of one of the most consequential negotiations of your life. A good mediator keeps the process moving, helps you make informed decisions, and gets you to an agreement that holds up. For best results, consider the questions to ask a divorce mediator before making your choice. A mediator who lacks training or experience can cost you time, money, and a durable outcome.
California has no licensure requirements for mediators. Anyone can hang a shingle. That makes it your job to ask the right questions before you commit. One important step is to have a list of questions to ask a divorce mediator in advance.
Here are five worth asking. These are some of the key questions to ask a divorce mediator in order to ensure a good fit for your situation.
1. What training have you completed, and how recently?
Mediation requires a specific set of skills. Listening, reframing, managing impasse, drafting workable agreements. These are learned skills, and they need to be maintained.
Ask how many hours of mediation training the person has completed. Ask when they last took a course. A mediator who completed a 40-hour training fifteen years ago and has done nothing since is working with outdated tools. Look for someone who invests in ongoing education.
Most mediators come from a professional background in law, mental health, or finance. That background matters because it shapes what they bring to the table.
A mediator with a law license can draft settlement agreements with an understanding of how courts will read them. A mediator with a mental health background brings skill in managing high-emotion conversations. A financial professional adds value when the case involves complex assets or support calculations.
Ask what credentials they hold and whether those licenses are current. If someone carries a professional license, verify that it is active. If they have no underlying credential at all, ask what qualifies them to handle your case.
Some mediators do this work full time. Others mediate occasionally alongside a litigation practice or a therapy practice.
Volume matters. A mediator who handles cases regularly has seen more situations, developed more tools, and refined their process through repetition. Ask how many cases they handle per month and how long they have been mediating. Experience in the chair builds judgment that training alone cannot provide. You can also use these opportunities to bring up any additional questions to ask a divorce mediator.
4. What does your process look like, and how long does it typically take?
A thorough divorce mediation takes time. If someone promises to resolve everything in a single session, be cautious. Marriages involve finances, property, support, and often children. Unwinding all of that properly requires multiple sessions, proper disclosure, and time to think between meetings.
Ask the mediator to walk you through their typical process. How many sessions should you expect? What happens between sessions? How do they handle financial disclosure? What does the final agreement look like?
A mediator who can describe a clear, structured process has thought about how to get you from the first meeting to a signed agreement. That structure is what keeps things on track when the conversations get difficult.
5. How do you handle conflict in the room?
Every mediator has a style. Some are more facilitative, meaning they focus on helping you and your spouse communicate and reach your own decisions. Others are more evaluative, meaning they offer opinions on likely court outcomes or the strengths of each position.
Ask the mediator to describe their approach. Ask how they handle it when one party gets stuck or when emotions run high. The answer will tell you a lot about whether this person can manage the reality of your situation.
One More Thing: Get Your Own Legal Advice
Even when your mediator is a licensed attorney, the mediator works for the process, not for either party. A mediator cannot give you individual legal advice. During mediation, consult with your own attorney to make sure you understand your rights and that the decisions you are making are informed ones.
Choosing the right mediator is worth the effort. Take the time to ask these questions before your first session.
by Shawn Weber, JD, CLS-F* | Feb 11, 2026 | Family & Divorce Mediation
People come into mediation thinking the fight is about money, custody, or who said what last Tuesday, yet that assumption is usually incomplete.
The arguments sound practical enough: who keeps the house, how parenting time is divided, the level of child support, or what happens with the stock options. Under those issues, something else is driving the conflict.
Experience shows a consistent pattern in crisis situations: certain emotional drivers in divorce tend to take over, particularly fear, uncertainty, and the loss of trust.
Divorce activates all three at once, and when those forces are visible, the conflict begins to make more sense.
Fear as One of the Core Emotional Drivers in Divorce
Most of what people fear in divorce is reasonable. Many worry about losing time with their children, facing financial collapse, experiencing public humiliation, or watching an identity built over decades unravel.
Fear rarely presents itself plainly. Instead, it often arrives disguised as anger or rigidity, and sometimes it shows up as silence. The person who seems aggressive about parenting time may be terrified of becoming a weekend parent, and the person who appears cold and fully lawyered up may be overwhelmed by financial panic and unwilling to show it.
When fear takes over, the nervous system shifts into defense. People become reactive. They may cling to positions they do not even want and assume the other person is scheming, even when that person may be just as afraid.
This pattern explains why thoughtful, intelligent adults sometimes become unrecognizable during divorce as they protect something that matters deeply to them.
In mediation, part of the task calls for identifying what the fear actually is, not just the surface argument, but the underlying concern, and once someone feels that their fear has been understood, they often settle enough to think clearly again.
Attorneys and therapists observe the same pattern in their own settings, where the presenting issue frequently serves as a stand-in for a deeper driver.
Uncertainty as an Emotional Driver in Divorce
Divorce upsets daily life at its foundation. Daily routines change. People have to change how they relate to their money. Living arrangements shift in unexpected ways.
Parenting suddenly becomes a regimented schedule. Often, friendships rearrange themselves because of the breakup, leaving people without a clear sense of what their future will look like.
Some respond by freezing. Others attempt to control every available detail, which frequently complicates matters further. Both reactions make sense, but they can make negotiations tough.
Uncertainty also distorts judgment, because when the future feels undefined, even fair proposals can seem dangerous, and a person may reject a reasonable settlement simply because the unknowns feel overwhelming.
One purpose of mediation is to restore a measure of predictability, as clear agendas, written summaries, and defined steps provide a steady point of reference while difficult decisions are being made.
Structure matters more than many people realize, since a clear process lowers anxiety and lower anxiety improves judgment, an outcome that reflects basic human wiring rather than magic.
Loss of Trust as an Emotional Driver in Divorce
Trust sometimes collapses in a single dramatic moment. More often, it erodes gradually over years of unresolved conflict or small betrayals that accumulate. In other cases, the trust that disappears concerns the legal system, professionals, or whether anyone is truly looking out for a person’s interests.
Another form of lost trust receives less attention. People begin to doubt themselves. They replay decisions and question their own judgment. People might wonder how they missed warning signs. All of these doubts come at the exact moment when confidence is most needed.
When trust declines, people start guarding information more tightly. Neutral statements begin to sound like threats. Motives are questioned, even when none are hidden. The tone of every conversation shifts as a result.
Forward movement requires enough safety for people to engage honestly, and transparency supports that safety while consistency reinforces it. When the process feels even-handed and predictable, defensiveness often eases.
Therapists observe this instinctively, attorneys see it surface in discovery disputes and last-minute reversals, and in mediation, the pattern unfolds in real time.
What This Means If You Are In It
If you are going through a divorce and your emotions feel larger than the specific issues on the table, there is nothing inherently wrong with you, because you are likely reacting to fear, uncertainty, and a shift in trust.
Naming those forces does not eliminate them, but it makes them more manageable, and once you recognize what is driving your reaction, you gain more choice about how to respond.
You may discover that the argument about the retirement account reveals a deeper need for certainty about lasting stability, or you may realize that hesitation around a decision emerges from feeling overwhelmed by unknowns rather than from stubbornness, and that clarity can create space for movement.
What This Means If You Are A Professional Helping Someone Through It
If you work with people in divorce, whether as an attorney, therapist, financial advisor or mediator, acknowledging these forces changes how you intervene.
When a client escalates, consider what fear may lie beneath the behavior. If a client stalls, examine whether uncertainty is causing paralysis. When negotiations repeatedly collapse, evaluate whether trust has eroded to an unworkable level.
Fear tends to respond to acknowledgment and concrete information. Uncertainty responds to structure and a clear process. Loss of trust responds to consistent behavior over time rather than to verbal assurances.
These skills matter whether or not you mediate. Every divorce activates these three forces. You either confront them directly or allow them to shape decisions behind the scenes.
When the professionals address the underlying need, legal issues become easier to resolve. The key takeaway is that addressing emotional drivers in divorce creates space for practical settlement.
Staying Steady
Divorce can dismantle a life in a matter of months, and that reality disrupts regardless of how thoughtfully people try to handle it.
Conflict becomes more manageable when people understand what is driving it. Fear can be named. Uncertainty can be reduced in increments. Trust can be rebuilt enough to support necessary decisions.
Mediation delivers a structured environment in which clients can make difficult decisions with clarity instead of panic.
The goal is to prevent fear, uncertainty, and mistrust from controlling every decision, even though divorce is inherently emotional.
When folks understand and manage those forces, conversations stabilize. Decisions become more thoughtful. The road forward becomes clearer, and progress becomes possible.
Why Process Matters
Mediation and Collaborative Divorce processes address these three forces directly.
In mediation, structure creates predictability, and the presence of a neutral third party helps restore enough trust to support productive conversation, while the process itself reduces uncertainty that might otherwise fuel reactivity.
In Collaborative Divorce, a team approach performs a similar function. A financial neutral addresses monetary fear with concrete information. A divorce coach aids emotional regulation. Attorneys commit to transparency, which helps rebuild trust.
These processes are consistent with the realities of divorce because they address fear, uncertainty, and loss of trust directly, creating conditions in which those forces do not dominate every decision.
If you are going through a divorce, it is worth understanding what is driving the conflict before choosing how to resolve it. If you are a professional working with people in crisis, these drivers will appear regardless of the process you use.
Recognizing them clearly allows you to respond with intention.
by Shawn Weber, JD, CLS-F* | Dec 20, 2023 | Uncategorized
Alas! A New Year has come and gone again. For most of my current clients, 2023 was a rough year. It brought them the end of their marriages. Although the year may have been filled with conflict with a former spouse over money, kids, etc., you are ready to move on. Perhaps there were tears shed. Maybe dreams were shattered. Sound depressing? It can be. But 2023 is over, so there is an opportunity to build a new experience for the New Year post divorce.
Here are my suggestions for some words to consider when making your resolutions for the New Year post divorce. This is in no way a comprehensive list. It’s just some of my own thoughts. Perhaps you have your own resolution ideas that you would like to share. Here are mine:
Peace in the New Year After Divorce.
You got a divorce for a reason, right? I’m sure things weren’t all butterflies and rainbows. But now you are divorced. So take the opportunity to stop the fighting and discontinue the war with your ex. If there is a legitimate legal concern that needs addressing, use mediation or Collaborative Practice instead of adversarial litigation to resolve those differences. It’s a great opportunity to move on and find peace in the New Year post divorce. A meditation or mindfulness practice can go a long way towards achieving some peace.
Co-Parenting in the New Year After Divorce.
Before your divorce, parenting may have been easier. Post-divorce, you still have to interact with the person you divorced to raise your kids. Your kids need you to get along. There is a lot of evidence that continued parental conflict after the divorce is very harmful to children. Resolve now to be the best co-parent you can be in the New Year post divorce. Look for ways to be cooperative (even when the other parent doesn’t). If you haven’t always been a leader in the child rearing arena, now is the time to step up to the plate and make a helpful contribution. Be the grown up here and your kids will thank you.
Self-reliance in the New Year After Divorce.
Now that you are on your own, you don’t have the other person there to rely on. This is a great opportunity to stand on your own two feet with your head held high. Be your own person. Be strong. Be self-assured. Be independent.
If you are receiving alimony, look for ways to be self-supporting so that you don’t need support anymore. Meet with a vocational counselor to make new career goals. Enroll in school or get trained, or retrained, in a field that you can be passionate about.
Plan for your future financial well-being. So, meet with a financial advisor to make sure you are using your money wisely. Come up with a five year or ten-year plan. Then, check in with an estate planning attorney to make sure you have updated your will and estate plan, as you’ll want to make sure that anything you name in this document goes to the trustee of your choice.
Health in the New Year After Divorce.
Perhaps during 2023 you let the stress of the divorce affect your health. Maybe you didn’t eat well. Perhaps you stopped going to the gym. Or maybe you weren’t sleeping well. Perhaps you were depressed or angry causing your emotional well-being to suffer. Resolve now to restore your health in the New Year post divorce.
Take the time to eat well and exercise. Get good sleep. What’s more, get your annual physical from your doctor and make a plan for your physical health. Take care of your body and it will take care of you.
But don’t forget your emotional health either. Divorce can be such a toxic and painful experience. If you are struggling, meet with a therapist and work through the changes in your life resulting from your divorce. Before you date, make sure that you work though any lingering issues you may have so that you can be your best self before you involve another person in your life. I have noticed a clear correlation in my clients who sought post-divorce therapy and their level of happiness years later.
Forgiveness in the New Year After Divorce.
I know that “forgiveness” is a loaded word. It’s easier said then done. You may feel hurt or anger toward your former spouse. As mentioned before, you’ve lived through the whole process of finding a family lawyer, dealing with the stress of separation, and still taking care of the kids. You chose to divorce for a reason. And yes, consequently, you are divorced now. It’s time to let it go. The past is in the past.
Now keep in mind, I am not suggesting you allow more abuse if that is what happened before. Keep in place whatever safety measure you have to prevent others from hurting you again. I am just suggesting it is time to move on from there. Anger and hurt can be very damaging emotions. Do what you can this year to forgive so that you can leave those terrible feelings behind you. If you find you can’t do it alone (and most can’t) talk to someone. Turn to a spiritual advisor or a mentor to help you leave the past in the past.
Don’t forget to forgive yourself. Guilt has it’s place, but it can eat you up if you can’t get past it. Perhaps you have serious regrets about how your marriage ended. Rather than let the guilt consume you, find a way to learn from the experience, forgive everyone involved and move on.
You have read my list of New Year’s Resolution words for the newly divorced. What are some of your words? I would love to read them!
Related links:
10 Essential New Year’s Resolutions for Your Divorce
12 New Year’s Resolutions for Divorced Moms
Top 10 Difficult New Year’s Resolutions for Divorced Parents
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More Reading:
Forgiveness During Divorce: A Key to Finding Peace
Divorce Custom: 7 Post-Split Rituals from Around the World
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