Divorce Mediation is an effective way for couples to resolve their differences and reach mutually beneficial agreements without the stress and expense of litigation. This process is ideal for couples who can communicate and negotiate directly but need professional guidance to address complex issues such as asset division, child custody, and child support and spousal support.
During mediation, we facilitate constructive discussions and ensure all necessary documents are exchanged so that both parties can make informed decisions. We also explore the legal as well as the practical implications of your agreements. The outcome is a Separation/Settlement Agreement that contains all agreed-upon terms. If desired, this Agreement would be used as the basis for a simple uncontested divorce. No need for any court appearances, except in rare circumstances.
Divorce mediation is a voluntary process in which a neutral third party helps couples to understand, then discuss and negotiate, and finally resolve all of the issues that they need to address in their Separation/Settlement Agreement. The result is a mutually agreed-upon Agreement that they, and not a judge or their lawyers, decide what’s best for them. If needed or helpful, the mediator will recommend that the parties consult with their own separate attorneys to get advice as to some, or all, of the issues. Although the mediator is an experienced attorney, we cannot give legal advice to one party at the expense of another. However, the Mediator will give the parties legal information such as the proper amount of child support or maintenance according to the statutes.
The duration of mediation varies, but it typically takes several sessions over a few weeks or months, depending on the complexity of the issues, and the willingness and ability of both parties to cooperate and make decisions. Sessions are usually about 2 hours long. When all of the issues are resolved, an initial draft of a Separation/Settlement Agreement is prepared for the parties to review. We always recommend, but it’s not required, that the parties have the Agreement reviewed by their own separate attorneys. Sometimes the Agreement needs to be revised because additional issues arise, or terms need to be changed.
Mediation can address a wide range of issues, including division of assets and debts, child custody, parenting plans, child support, spousal support, health insurance, tax-related issues, and any other matters pertinent to the divorce. In short, everything that could be resolved by a judge.
The agreements reached during mediation become legally binding once they are put into a written Separation/Settlement Agreement and signed by both parties. If an immediate divorce is the goal, this Agreement would then be submitted to the court for approval, along with the uncontested divorce papers. However, some people only want a signed Separation Agreement (usually for health insurance reasons), and will not file for divorce right away.
The cost of mediation is generally much lower than litigation. Fees vary based on the mediator’s rates and the number of sessions required. We provide transparent pricing to help you budget for the process.
We start with an initial consultation to explain the mediation process, assess your situation, and ensure that both parties are willing to participate in mediation. This is usually done separately with each party by phone.
Both parties gather and exchange, with each other and the Mediator, all necessary documents and information related to assets, debts, income, and expenses. These documents include tax returns, W-2s, 1099s, paystubs, bank and brokerage account statements, health insurance cards, life insurance declaration of coverage page, retirement account statements, mortgage statements, credit card and loan statements. This exchange of information and transparency is crucial for informed decision-making which supports a solid Agreement.
We will meet either in person, or on Zoom. During mediation sessions, we facilitate discussions to help you and your spouse address and resolve all pertinent issues. We guide you through negotiations to reach fair and mutually acceptable agreements.
Once an agreement is reached on all issues, we draft a detailed Separation/Settlement Agreement. This document contains all terms and conditions agreed upon during the mediation sessions. We recommend that you have the Agreement reviewed by your own separate attorneys before signing it. Often the initial Agreement may need some revisions, or new issues may arise that we didn’t consider in the mediation sessions. Resolution of these issues may require an additional mediation session.
If and when either party desires, the signed Separation/Settlement Agreement can be submitted to the court as part of a simple uncontested divorce filing, ensuring a smooth and amicable conclusion to the process.
To schedule an initial consultation, please fill out the form below or contact us directly via phone or email. We look forward to helping you navigate your family law matters with confidence and ease.