DIVORCE MEDIATION

Mediation is a divorce process alternative to litigation that does not require that you go to court. In mediation, the divorcing couple hires a mediator to meet with both spouses together (often without attorney’s present) to:

•Help identify issues that need to resolved
•Gather and share information that both parties will need in order to make important decisions
•Help the parties effectively communicate about how to resolve their issues

Once an agreement is reached, the Mediator prepares a Memorandum of Understanding (which is a non-binding summary of the areas in which the parties have reached an agreement). The spouses are not required, but may bring, the agreement to their own attorneys for review. The attorneys may modify the Memorandum if mutually acceptable to both parties. Once agreed upon, the Agreement is signed by both spouses, becoming a binding contract between them and ultimately a part of their Judgement of Divorce.

The mediation process can conclude much faster than a traditional divorce, typically ending in 3-5 sessions of no more than two (2) hours each. The cost can be reduced by the parties paying one (1) person, the mediator, during the course of the negotiations rather than each party hiring their own attorney during the divorce process.

If the parties choose to hire their own attorneys, they are advised to consult with them in order to be assisted with making decisions about their rights throughout the mediation process.

With mediation, the parties maintain complete control over the manner and timetable in which their agreement is reached. The negotiations occur prior to the filing of any pleadings with the court, allowing the parties to focus on their issues. Mediation is a No Court Divorce Process and thus resolves the issues outside the adversarial proceeding. Many people who pursue mediation find that the process allows the parties to maintain a healthier relationship following the divorce.

If there is an imbalance of power between you and your spouse, mediation may not be the best course of action to take. For example, if one party is unaware of the finances of a marriage, is concerned that the other party will not fully disclose all information, or is intimidated by the other party at the expense of their comfort in being candid, than consider looking into Collaborative Divorce, another No Court Divorce process where you retain your own attorney who represents you in 4-way meetings with your spouse and their attorney.