WHAT IS DIVORCE MEDIATION?
Divorce mediation is an alternative to going to court and having a judge decide what will happen with your property, support and time with your children.Mediation will facilitate dialogue so that you do not get 'stuck' in the same old conversations, but rather move forward so that you can more quickly reach agreements. The sessions are task focused, meaning that you will not spend much time delving into the past, but rather looking forward to meet your present needs and reach agreements necessary to complete your divorce.
Instead of ever having to go to court, divorcing couples (or unmarried couples with children), can meet with a neutral third party mediator to negotiate issues including child custody and support, spousal support, and division of assets and debts. If appropriate or necessary, parties may prefer to meet individually with the mediator rather than in joint sessions. The mediator will not make a decision for you or uphold one particular viewpoint, but will rather provide legal education, ensure that information and issues on both sides are brought out on the table, and facilitate negotiation that leads to resolution. The "Marital Settlement Agreement" is prepared after a full agreement is reached. The Agreement is then sent to Court to become an Order, enabling you to receive a final divorce judgment. The mediator can facilitate the preparation and filing of all necessary court forms through your final divorce judgment, so that you never need to go to court.
The mediator will help you resolve issues by:
- Identifying the interests of each of you;
- Helping to gather the financial information necessary to make fully informed decisions about the division of assets and support issues;
- Exploring various alternatives, including the law model, real world considerations and creative options;
- Creating a safe, respectful environment where neither feels pushed or bullied to reach an agreement;
- Assisting you both in reaching an agreement that you both are satisfied with.
Issues addressed in mediation:
- Child Custody and parenting plan
- Support including:
- Child Support
- Spousal Support
- Family Support
- Property division
- Filing the required court forms
- Any other issue relevant to your circumstance
If you have already reached any of your own agreements, the mediator will briefly ensure that you both have all of the necessary information to feel secure in that agreement and move to the next issue at hand.
WHAT ARE THE BENEFITS OF MEDIATION?
Relationships
- Using mediation through divorce or custody issues can more often establish a healthy co-parenting relationship into your children’s adulthood.
- Mediation can decrease conflict, unlike litigation, which often increases hostility, resulting in more frequent and serious conflict in the future.
- Children will always benefit from watching their parents work together, rather than against one another.
Less Costly
- Mediation is significantly less expensive than a litigated divorce. Depending on the circumstances, resolutions are typically reached after three to seven sessions.
- You and your spouse pay only one mediating attorney, rather than two litigating attorneys.
- Mediation does not require a retainer or large lump sum payment, but rather you payment as you go. We work hard to keep our rates low and to help you handle your divorce with the lowest overall cost. Credit cards are accepted for payment
- Mediation does not require extensive filings and appearances with the court, which typically result in a high litigation bill.
Privacy
- Divorce allegations that are written or spoken in court, and all court filings (including financial information), become part of the official record that are accessible by the public.
- Mediation ensures confidentiality. All discussions and work product are confidential and could never be used in court against one another.
Best Solution for All
- By working together, the two of you can find the best financial arrangement that benefits all of you, including creative options around tax implications to save you both money.
- You both can craft a much better and longer lasting agreement than a judge could create by only briefly reviewing your case: you both know your children and your circumstances better than any judge.
Less Time Consuming
- Mediated divorces can typically be resolved in significantly less time than a litigated divorce.
- In litigation, you are dependent on the court’s timetable in order for your issues to be heard. Continuances often delay judgments further.
- In mediation, you and your spouse can handle urgent issues by creating an immediate temporary agreement, either privately or to be sent in to the court as an enforceable order. Time elements can be essential when faced with deadlines and pressures such as real estate transactions.
THE COMPLETE DIVORCE MEDIATION PROCESS
If you and your spouse are just getting started, the following outlines the steps that can help you complete the process at your own pace.Initial Appointment
- If you and your spouse are unsure how to start your process, you may simply schedule an informative one-hour session to learn more about the process and find out if mediation will work for you.
- Both of you attend the initial meeting, when general goals are discussed and the overall process is described. Urgent issues may also be addressed.
- The mediator will assign certain tasks at this initial meeting, such as bringing in certain documentation for the next meeting.
Subsequent Appointments
- A series of subsequent appointments are then conducted. Most will consist of a conjoint sessions (both spouses and the mediator) but sometimes the mediator may have individual meetings if necessary or appropriate.
- The number of appointments will depend on the number of issues that need to be negotiated and how each session resolves itself.
- The frequency of appointments is scheduled based on your personal timetables, taking into consideration your real life circumstances.
The Settlement Agreement
- At each session the mediator takes notes of each of your interests, as well as agreements as they are reached.
- When all issues are resolved, the mediator drafts a marital settlement agreement, which includes all of your agreements. A well-drafted settlement agreement closes all potential legal issues around the divorce, protecting you both from any uncertainty in the future.
- Once signed, the document is sent to court for approval by the Judge and you receive your final divorce judgment.