Frequently Asked Questions
What is Divorce
Mediation?
Mediation is a voluntary problem-solving process, available to assist
divorcing couples work out a mutual agreement on the issues which must be
resolved in any divorce: parenting, support, and the division of property.
It is also useful to help negotiate past-divorce issues.
Who typically might use Mediation?
Mediation is for:
Couples who have made a decision to divorce.
Couples who are unsure whether to divorce
but who want a separation.
Couples in post decree disputes.
How does
Mediation work?
With the assistance of a trained neutral third party, the couple works to
identify, negotiate and resolve in a fair way the issues raised by the
decision to divorce. When those issues have been resolved, the mediator
drafts a memorandum of agreement. This is reviewed by the couple and given
to their respective attorneys. Either an attorney or mediator can write
the formal separation agreement that becomes a binding contract. The
divorce may then go through the courts as an uncontested matter.
How long does it
take?
Mediation varies in length depending on the agenda, the complexity of the
issues involved and the readiness of the couple to do the work. However,
the average mediation involves approximately six two-hour sessions.
Who is involved
in the Mediation?
For the most part, the couple seeking to resolve their issues and the
mediator are the only people involved. When complex issues around
parenting or financial planning are examined, then it is possible to bring
inn additional experts in the various disciplines to assist the couple in
making decisions. If children are old enough to provide insight into
custody matters, than children may also participate in a limited fashion.
Are Attorneys
necessary?
Each client is urged to seek legal counsel throughout the mediation
process. This allows each person to understand their rights and
responsibilities under the law, and allows for informed decisions to be
made by the couple.
What does it
cost?
Fees for mediation are billed at an hourly rate plus a flat administrative
charge. The couple is encouraged to share the cost. Although this process
involves the services of the mediator and attorneys, the costs of a
mediated divorce are significantly less than the usual adversarial
alternatives. |