In mediation, the mediator meets with both spouses together, usually without attorneys, to:
Help you identify the issues you need to resolve
Gather and share the information you will need to make decisions
Help you communicate about how to resolve the issues
Once an agreement is reached, the mediator prepares a Memorandum of Understanding (which is a non-binding summary of the areas the parties have reached agreement). The spouses bring the Memorandum to their attorneys for review. This is signed by both spouses and becomes a binding contract between them (eventually part of their divorce judgment).
A) The mediation process can be much faster than a traditional divorce, typically entailing 2-4 sessions of no more of two hours each
b) The costs can be reduced by the parties by both paying one person, the mediator, during the course of the negotiations. Each party will be advised to have their own attorney during the mediation process, to meet with independently to advise the party of their rights during the course of the mediation.
c) The parties have complete control over the manner and timetable in which the agreement is reached.
d) The negotiations can occur prior to the filing of any pleadings with the Court, allowing the parties to focus on the issues while avoiding allegations about the other.
d) It resolves the issues outside of the adversarial proceeding and many find the process allows the parties to maintain a more healthy relationship.
