What to Expect in a Family Law Mediation Session
Divorce and custody disputes are stressful enough without the added tension of the courtroom. Mediation offers an alternative approach, aimed at helping families move forward without litigation. But many spouses ask the same question before beginning the process: What actually happens in a mediation session?
A Neutral Setting Focused on Resolution
Mediation sessions are conducted in SNW’s office, not a courthouse. The sessions usually last a half or a full day. The mediator’s role is not to pick sides or decide who is “right,” but to guide discussion, narrow issues, and help spouses reach practical agreements on custody, support, and property.
While each family is unique, common topics include:
- Parenting plans (legal and physical custody)
- Holidays and decision-making authority
- Child support and related expenses
- Spousal support
- Community property and debt allocation
- Move-away or relocation questions
- Communication and co-parenting expectations
The mediator keeps the conversation organized and ensures each spouse has the opportunity to be heard.
Mediation may occur with both spouses in the same room, or through “caucusing” — the mediator shuttling between rooms if emotions run high or communication breaks down. This structure often reduces conflict and encourages creative problem-solving. Unlike court, which depends on judges’ calendars and months of discovery, mediation typically moves quickly. Many families resolve all major issues in a half-day or full-day session.
Everything discussed in mediation is confidential. Nothing said becomes public record, and neither party risks having private matters aired in open court. The focus is not on “winning,” but on reaching agreements that are workable, predictable, and beneficial to children and the family unit.
If an agreement is reached during the session, the parties will sign a written agreement of the terms. The parties can provide the agreement to a lawyer to file, or they can choose to retain an SNW attorney to file the agreement with the court. Once filed with the court and signed by the judge, the agreement becomes an enforceable order of the court. If an agreement is not reached during the session, the parties can schedule an additional mediation session.
About the Mediator
Johnston Burkhardt is a family lawyer and registered Mediator listed on the Louisiana State Bar Association’s Mediator Registry. He is a Child Custody and Visitation Mediator versed in community property partition, custody, child and spousal support, and all issues that arise during divorce.
To learn more about mediation or schedule a consultation, contact Johnston at
(504) 324-2141 or
johnston@snw.law.



